X 



59th Congress, I SENATE. j Document 

2d Session. \ \ No. 72. 



HISTORY '^f'^^ ^^/ 

, C ^ t< V 



• ' -7y<^ 



OF THE 



CONGRESSIONAL CEMETERY. 



December 6, 1906. — Presented by Mr. Burkett and ordered to be 
printed with illustrations. 



To accompany report on H. R. 5972. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 

1906. 



')0 3 



. (l^Vs 



DEC 21 1906 
D.ofD. 



3 
I 



HISTORY OF THE CONGRESSIONAL CEMETERY. 



A search has been made of the records and laws pertaining to the 
Congressional Cemetery, and the facts acquired are hereinafter set 
forth in two parts, as follows : 

Part I gives a history of the origin and growth of the cemetery, 
the burial sites acquired therein by the Government through donation 
and purchase, and the appropriations made by Congress for its care, 
improvement, and repair. 

Part II relates to interments made and monuments erected therein 
by the Government. 

An account is also given of the attempts made to effect the present 
proposed legislation. 

The accompanying plat of the cemetery shows the streets and 
blocks inclosed and also the dates when each block has been acquired. 



Reservation 13. 



1,304,880 square feet, 
or about 30 acres. 




W///////////////////////////////// // 



1149 
sq 



No. 1115 


Orig 


nal 


4-4-1807 


" 1116 


Added 


1849 


" 1101 






1853-4 


Res. 13 






18,-8 


No. 1105 






1858 


" 1106 




about 18.'>9 


" 1117 






' 1859 


" 1123 






18.59 


" 1130 






' 1875 


" 1148 






' 1875 


" 1149 






• 1875 



IITSTOKY OF THE CONGRESSIONAL CEMETERY. 



Part I. 

The " CongTossional Cemetery " is a burial ground containing 
about 30 acres lying near the north shore of the Eastern Branch of 
the Potomac River in Washington, D. C. The tract is irregular and 
is composed of a number of squares lying east of Seventeenth street 
and south of E street SE, The institution is the property of the 
vestry of Christ Church, Washington parish, incorporated, and is 
known officially on the vestry records as " The Washington Parish 
Burial Ground." 

The official name is rarely used, however, and it has nearly always 
been called the '' Congressional Cemetery." The reason for this will 
be seen from the recital of facts to follow herein, but briefly stated it 
is because when the cemetery was first established in 1 80T it was 
chosen by the United States as the place of interment for nearly 
every member of Congress or executive office who died while hold- 
ing office, and the custom was adhered to by the Government for 
many years afterward. 

During the earlier years of holding sessions of Congress in Wash- 
ington, Christ Church was the place of worship for many men 
prominent in Government affairs. President Thomas Jefferson 
attended there. Some of the descendants of President Washington 
were members of the vestry, and a pew^ in the church was set 
aside by the vestrymen for the perpetual use of the President of the 
United States and his family. Hence it was but natural that the 
Government should select for the interment of deceased Government 
officials the burning ground owned by Christ Church. Monuments 
have been erected therein for nearly 200 members of Congress and 
other public men. Because of its semiofficial character and the 
ground owned therein by the Government, Congress from time to 
time has appropriated monej^ for its care, improvement, and repair. 

At one time an attempt was made to have it designated " public 
ground " of the Government, but the request for such designation 
was not granted. It has always been popularl}' called the " Con- 
gressional Cemetery." 

Private persons established this burial ground April 4, 1807, on 
what was known as " square No. 1115," a plot of ground containing 
about 4^1 acres and lying betAveen E and G streets and Eiglitcenth 
and Nineteenth streets, all southeast. At the original division of the 
land in Washington betAveen the original proprietors and the Federal 
Government square 1115 was assigned to the United States, March 8. 
1798. It was designated as a cemetery following the abandonment 
for burial purposes of a plot of ground known as " square 102r)." in 
the northeast part of the city, between H and I and Thirteenth and 
Fourteenth streets NE., which had been set aside for a graveyard 
by the Commissioners of Washington, February 28, 1798. Square 
102(') was too low and watery. The order of the Commissioners set- 
ting it aside is as follows : 

Washington, D. C, Fehruary 28, 1798. 
In consoquenee of the muiierous objections which have been made against 
burial grounds in other cities, the Commissioners of Washington have laid out 



HISTORY OF THE CONGEESSIONAL CEMETERY. O 

two squares on the borders of the city, viz, squares 109 and 1026, and have 
directed a portion of each to be well inclosed for public burial grounds for 
the use of all denominations of people. (Old Records, vol. 4, p. 89.) 

Square 109 mentioned in the above order was in the Northwest 
part of the city, between Florida avenue and S and Nineteenth and 
Twentieth streets, all northwest. 

When it was found that square 1026 was undesirable for burial 
purposes an association was formed by the inhabitants of the eastern 
part of the city with the object of securing a location more suitable 
for a cemetery. Square No. 1115 was chosen and purchased from the 
superintendent of the city, Thomas Monroe. The articles of sub- 
scription for the purchase of the new site specified among other things 
that when the graveyard became free from debt it should be assigned 
to the vestry of Washington parish. The price of lots was placed at 
$2 each, to enable the poor to buy sites. It was also provided that no 
infidel should be allowed burial therein. 

The preamble and articles of subscription to the burial ground are 
as follows: 

Washington City. Ai)ril ^, 1S07. 

A great inconvenience has long been experienced by the citizens residing in the 
eastern portion of the city tor want of a suitable place for a burying ground. 
It is viell known that the one at the northeast boundary of the city, now occu- 
pied as such, is a low and watery situation and very unfit for a place of inter- 
ment. To remedy this inconvenience, a square of ground west of the marine 
hospital, being square 1115, hath been purchased from the superintendent of the 
city for $200. This piece of ground is thought equal to any that can bo had in 
the city for that purpose. 

To raise the purchase money and a sum sufficient to inclose the square with a 
substantial post and rail fence, we, whose names are hereunto subscribed, do 
promise to pay such sums as are annexed to our names, respectively, under such 
conditions as are hereunto prefixed ; that is to say : 

First. The ground shall be laid off in lots of 3 tty 8 feet. 

Second. Any person shall be at liberty to subscribe for lots from 1 to 15, at ?2, 
each, the lots to be transferable. 

Third. Any person applying at a future time to purchase shall be admitted at 
the same rate as the original subscribers. 

Fourth. If there should not be a sufficient sum subscribed to carry into effect 
the object hereby contemplated and any citizen will .advance a sufficient sum to 
complete the same, they shall l)e reimbursed with interest the sum so advanced 
out of the first money arising from the proceeds of said ground. 

Fifth. ^Yhen the graveyard, with its improvements, shall be unincumbered of 
debt, then the subscribers shnll assign over all the right and title of the said 
ground not subscribed for to the vestry of Washington parish, subject to the 
restrictions of the third article. 

Sixth. Immediately after the ground shall be properly inclosed and laid off, a 
sexton shall be furnished with a plan of the burying ground laid off in lots 
properly numbered, and each proprietor's name marked on his particular lot. 
No person shall be permitted to dig a grave but the sexton or his assistant. 

Seventh. No person known to deny a belief in the Christian religion shall ever 
be admitted to a right in this burying ground. 

The records of the vestry of Christ Church, from which the above 
articles Avere copied, do not show the names of the signers. In Mr. 
Crew's History of Washington, however, it is stated that among the 
original signers were Henry Ingle, George Blagden, Griffith Coombe, 
S. N. Smallwood. Dr. Frederick May, Peter Miller, John T. Frost, 
and Commodore Tflomas Tingey. ■ Most of the above-named persons 
were then members of the vestry of Christ Church. 

JNIay C), 1807, the subscribers held a meeting and appointed JNIessrs. 
Coombe, Blagden, and Ingle as trustees to care for the cemetery, have 
it platted and inclosed, and provide a sexton. The report of their 
meetine; is as follows. 



HISTORY OF THE CONGKESSIONAL CEMETERY. 

At a meeting of the subscribers to the burying ground at the east end of the 
city of Washington, held at the new church near the Navy-Yard, May 6. 1807. 

Resolved, That Messrs. C'oombe, Blagden, and Ingle be trustees to take the 
necessary care of and have a plan of the said graveyard laid off, agreeable to 
the best of their skill and judgment, and to contract for enclosing it in a suitable 
manner. 

Resolved, That Mr. E. Vidler be a person to act as sexton for the said grave- 
yard, whose duty it shall be for himself or his assistant to lay off all the graves 
and superintend the digging and covering the same, at the rate of $3 per grave. 

Adjourned. 

Mr. Henry Ingle was named as agent for the committee to arrange 
for securing a deed from the superintendent to square No. 1115. The 
transfer of the property Avas made March 25, 1808. The deed of the 
superintendent provided that one-fourth of the square conveyed 
should be set apart for gratuitous interment of paupers. It provided 
also, in accordance with the terms of the articles of subscription, that 
the price of grave sites should not exceed $2 each. 

A copy of the deed from Thomas Munroe, superintendent of the 
cit}^, to Henry Ingle, as agent, is as follows : 

[Liber T, No. 19, folio 219. Recorded March 25, 1808.] 
Thomas Munroe, supt., to Henry Ingle, as an agent. 

Teeritoby of Columbia, Cltij of Washington, set. 

Whereas it appears that the square numbered one thousand and twenty-six, 
heretofore appropriated for and used as a burial ground, is an ineligible site 
for that purpose in consequence of its low and wet situation, for which reason 
a number of the inhabitants of the city have contributed toward the piu-chase, 
enclosure, and improvement of a more suitable site, and have nominated Mr. 
Henry Ingle their agent to purchase and x-eceive a conveyance of such site. These 
are therefore to certify that the undersigned superintendent of the City of Wash- 
ington, on the fifteenth day of April last, sold to the said Henry Ingle, for the 
sum of two hundred dollars, all that square or portion of ground in the City of 
Washington designated and numbered on the plan of the said city " One thou- 
sand one hundred and fifteen " as and for the use and purpose of a burial 
ground for all denominations of people, subject to the terms and conditions 
declared by the President of the United States for regulating the materials and 
manner of buildings and improvements on the lots in the said City of Washing- 
ton, and subject also to such regulations as the vestry of Washington parish 
in the Territory of Columbia shall lawfully ordain and establish : Provided, 
hotoever. That such regulations shall appropriate and set apart one- fourth part 
of the said S(iuare hereby sold for the gratuitous interment of those inhabitants 
who may die without leaving the means of purchasing grave sites, or paying 
for the privilege of burial therein : And provided also. That the price demand- 
able for the said grave sites and privilege of burial shall in no case nor at any 
time hereafter exceed the sum of two dollars for each corpses exclusive of tlie 
customary expense of digging a grave. And the whole of the purcha.se money 
aforesaid being paid and satistied by the said Henry Ingle to the said superin- 
tendent, it is therefore considered the said Henry Ingle, his heirs and assigns, 
he, and they hereljy are, entitled to the said square numbered one thousand one 
hundred and fifteen in fee simple, for tlie use and purpose of burial ground, 
subject to the terms, conditions, regulations, and provisions aforesaid. 

Done and certified pursuant to the act of assembly of Maryland, entitled 
"A further supplement to the act concerning the Territory and the City of 
Washington." 

Witness my hand the twenty-fifth day of March, in the year of our Lord 
one thousand eight hundred and eight. 

Thomas Munroe, Superintendent. 

During the period from May 6, 1807, to March 30. 1812. the 
cemetery atl'airs Avere in charge of the trustees for the original sub- 
scribers. By March 24:, 1812, the purpose of freeing the cemetery 



HISTORY OP THE CONGRESSIONAL CEMETERY. i 

from debt had been accomplished, and a meeting was held at which 
Mr. Ingle reported that the institution was ready to be turned over 
to the vestry in pursuance of the original plan. The following is 
a copy of the record of the meeting: 

fBook 1, vestry record, p. 106.] 

Washington, March 24, 1812. 

Committee for the burial ground met agreeable to notice. Present : Messrs. 
Blagden, Coombe, and Ingle. 

Mr. Ingle informed the committee that the sexton had made his returns ; that 
they had been duly entered on the subscription list, and that the funds arising 
from the sales of the sites had been paid to Mr. Griffith Coombe, as will be seen 
by the account before the committee, it being just the balance due him on his 
account, and that the burial ground was now unincumbered of debt. It was 
therefore 

Resolved, That Mr. Ingle be requested to present to the vestry of Washington 
parish the deed and plan of the burial ground, and list of subscribers thereto ; 
also the proceedings of the committee, with their accounts, etc., and to make 
the necessary transfer of the ground to the said vestry requesting their accept- 
ance of the same. 

The committee then adjourned sine die. 

(Test: Signed, John Ingle.) 

Following this meeting on March 30, 1812, the committee reported 
to the vestry showing that the cemetery was free from debt, accom- 
panying the report with the proposed deed and plan of the new 
burial ground, and the proceedings of the committee with reference 
thereto. The vestry accepted the deed and plan of the cemetery, 
and adopted rules and regulations for its conduct such as would con- 
form with the recommendations of the committee and the provisions 
of the deed of 1807 from the superintendent of Washington. Among i 
other provisions the regulations prohibited the interment of persons ' 
of color. 

The record of the meeting of March 30, 1812, is as follows : 

r^Book 1, record of vestry proceedings, p. 93.] 

Easter Monday, March 30, 1813. 

At a meeting of the vestry this day. Present : Rev. A. T. McCormick, James 
Young, Griffith Coombes, Henry Ingle. Absent : Thomas Tingey, Samuel Elliot, 
Samuel H. Smallwood, J. Joseph Forest. 

The register presented a letter from Mr. Ingle, accompanied with a deed and 
plan of the new burial ground, the list of subscribers thereto, the proceedings 
of the committee on the same, and their accounts; also a transfer of the afore- 
said deed to the vestry. 

Ordered, That the letter be read, which was read as follows : 

" Washington, March 30, 1812. 
" Gentlemen of the Vestry of Washington Parish : 

" I am requested by the committee who have lately had charge of the new 
burial ground, being described on the plan of the city of Washington as square 
No. 1115, to present to you the deed and plan of the burial ground, with the list 
of subscribers thereto ; also the j)roceedings of the committee, with their ac- 
counts, etc., subject to its patent provisions. 

" I have also agreeable to request executed a transfer of the said ground to 
the vestry of Washington parish, all of which I herewith transmit to you, and 
in behalf of the committee do request j'our acceptance of the same. 

" You will observe by the subscription list that there has been sold ■ sites, 

which are accordingly designated as sold on the plan, though some of them have 
not yet been paid for, the funds arising from those which have been paid for 
'^ave been expended for the ground and enclosure, as will be seen by the 
accompanying accounts. 

" I am, gentlemen, your most obedient, Henry Ingle, 

" In 'behalf of the Committee.'" 



» HISTORY OF THE CONGRESSIONAL CEMETERY. 

i Resolved, That the said burial ground, with the deed, plan, list of subscribers, 
proceedings, accounts, and transfer of ground, be, and they are hereby, accepted 
by the vestry. 

Resolved, That the burial ground presented to the vestiy this day be desig- 
nated by the name and title of the Washington Parish Burial Ground. 

Resolved, That the deed from Thomas Muuroe, superintendent, to Henry 
Ingle, for the Washington Parish Burial Ground, be recorded on the journal, 
and that the original be filed. 

Resolved, That the plan of the burial ground presented to the vestry this day 
be, and is hereby, declared to be the permanent plan of the Washington 
Parish Burial Ground, and that it be deposited with the register's papers. 

Resolved, That the preamble and articles of subscription to the list of sub- 
scribers to the burial ground be recorded on the journal ; that the subscribers' 
names thereto attached with the number of sites to each name, and the num- 
ber and situation of each site be entered on a book to be provided for that 
purpose, to be called the register of the Washington Parish Burial Ground, 
and that the original be filed ; and be it further 

Resolved, That the name of all future subscribers, with their number of 
sites, etc., be registered in the said register ; also that all transfers of sites 
be made in said register. 

Resolved, That the proceedings of the late committee on the burial ground be 
recorded on the journal, and that the originals, with the accounts accompanying 
them, be filed. 

Resolved, That the transfer of the burial ground made by Henry Ingle to the 
vestry be recorded in the land records for the county of Washington. (Re- 
corded 31st March, 1812; original filed.) 

First. Resolved. That in pursuance of a provision. in the deed from Thomas 
Munroe, superintendent, to Henry Ingle, for square No. 1.115, the vestry do 
appropriate and set apart so much of the said square as lies south of the south 
fence (being one-fourth part) for gratuitous interments, subject, nevertheless, 
to the rules and regulations of the vestry. 

Second. Resolved, That the vestry do confirm and declare to be and continue 
in force the first, second, and third articles under which the subscribers did 
subscribe for sites in the burial ground. 

Third. Resolved, That a sexton be appointed for the burial ground, whose 
duty it shall be for himself or his assistant to lay off the grave sites and dig 
and cover the graves at $3 per grave ; that no person but the sexton or his 
assistant shall be permitted to dig any grave, and that the sexton shall be the 
only person to whom application must be made for sites; but he shall not 
receive any jierson's name as a subscriber nor break the ground of any grave 
until the grave so subscribed for or to be broken shall have been paid for. He 
shall make returns to the treasurer half yearly and pay the amount received for 
sites to him. His returns shall state the number and situation of every gite 
so sold, with the proprietor's name, and be signed by himself, which returns, 
after being registered, shall be filed. 

The vestry then proceeded to elect a sexton, when Elections Middleton was 
unanimously elected. 

Fourth. Resolved, That sites Nos. 1, 2, 3, 4, and 5 in I west be, and they 
are hereby, appro]>riated and set apart for the exclusive privilege of the burial 
of Rev. Andrew T. McCoruiick and his family free of the stated charge for 
sites. 

Fifth. Resolved, That no person shall be permitted to take sites in the 
graveyard in any other than the rows which will be from time to time appro- 
priated for the interment of strangers, etc., unless such person shall take at 
least three sites. 

Sixth. Resolved, That the rows for the interment of strangers and others who 
take less than three sites be for the present so much of A and B east as is not 
sold. 

Resolved, That the treasurer be authorized to have the burial ground orna- 
mented with trees as near as he may think proper to tht< plan of the said 
ground. 

Resolved, That no person of color shall be permitted to be buried within that 
part of the burial ground wliich is now enclosed. 

Eighth. Resolved. That all graves shall be digged at least 5 feet 6 inches 
from the natural sin-face of the earth to the bottom of such graves. 

Ninth. Resolved. That no person shall be permitted to enclose their sites in 
the burial ground with any kind of fence or palisade of wood. 



HISTORY OF THE CONGRESSIONAL CEMETERY. 9 

Tenth. Resolved. That tlie sexton be directed to permit no hearse, hack, or 
other \\'heeled carriage to enter on the burial grounds on any account whatso- 
ever. 

Eleventh. Resolved. That the vestry will not consider themselves accountable 
lor any intrn>ion or irregularity which may happen through mistake amongst the 
sites, when the sites so intruded upon are not laid off with corner stones or 
stakes, with at least two plain initials of the proprietor's name on each stone 
or stake, the said boundary stones or stakes to be set up by the sexton, for 
which he shall receive a reasonable compensation, to be paid by the proprietor 
of the sites so laid off and bounded. 

A copy of the deed transferring square No. 1115 from Henry Ingle 
to the vestry, referred to in his letter of March 30, 1812, is as follows: 

[Liber A. C, No. 28, folio 245 et seq. Recorded 31st day of March, 1812.] 
Henry Ingle to the vestry of Washington, parish. 

This indenture, made this twenty-seventh day of March, in the year of our 
Lord one thousand eight hundred and twelve, between Henry Ingle, of the city 
of Washington and District of Columbia, of the one part, and the Rev'd An- 
drew r. McCormick. Thomas Tingey, Peter Miller, Samuel Eliot, Griffith 
Coombe, Samuel N. Smallwood. Joseph Forrest, James Young, and Henry Ingle, 
the rector and vestry of Washington parish of the county of Washington and 
District of Columbia, of the other part. 

Witnesseth that the said Henry Ingle for and in consideration of the sum 
of five dollars current money to him, the said Henry Ingle, in hand paid by 
the said vestry of Washington parish, at and before the sealing and delivery 
of these presents, the receipt whereof the said Henry Ingle doth hereby 
acknowledge, hath given, granted, bargained, and .sold, aliened, released, 
enfeoffed, and confirmed, and by these presents doth give, grant, bargain, and 
sell, alien, release, enfeoff, and confirm unto the said vestry of Washington 
parish and their successors all that square or portion of ground situate, lying, 
and being In the said city of Washington, and being known and designated on 
the plan of the said citv as the s<iuare numbered one thousand one hundred and 
fifteen, together with all and singular, the rights, privileges, and appurtenances 
thereunto belonging or in any wise appertaining. To have and to hold the 
said square or portion of ground above designated and described, together with 
all and singular, the rights, privileges, and appurtenances thereunto belonging, 
unto the said vestry of Washington parish and their successors forever, to 
and for their sole use and behoof, and to and for no other use, intent, or pur- 
pose whatsoever. In as full and ample manner as he, the said Henry Ingle, 
might or could have had and held the said square or portion of ground, with 
its appurtenances, under the authority and by virtue of a certain certificate of 
conveyance made, executed, and delivered to him, the said Henry Ingle, on the 
twenty-fifth day of ;March. in the year of our Lord one thousand eight hundred 
and eight, by Thomas INIunroe, superintendent of the city of Washington, and 
subject to the terms, conditions, and provisions in the said certificate of convey- 
ance specified and contained. And the said Henry Ingle, for himself, his heirs, 
executors, and administrators, doth covenant and agree to and with the said 
vestry of Washington parish and their successors that he. the said Henry Ingle, 
and his heirs, the said square or portion of ground with its appurtenances unto 
the said vestry of Washington parish and their successors, against him, the said 
Henry Ingle, and his heirs, and against all and every person or persons what- 
soever claiming or to claim the said square or portion of ground, or any part 
thereof, by, from, or under him or them, shall and will hereafter wan-ant and 
forever defend by these jiresents. 

In testimony whereof, the said Henry Ingle hath hereunto set his hand and 
aflixed his seal the day and year first above written. 

[SEAL.] Henry Ingle. 

Signed, sealed, and delivered in the presence of Wm. Brent, Charles Glover. 
Washington County, District of Columbia, set: 

On this tv,'enty-seventh day of March in the year of our I'-'xrd one thousand 
eight hundred and twelve, before me, the subscribed, an assistant judge of the 
circuit court for the District aforesaid, personally appeared Henry Ingle, the 
grantor above named, and acknowledged the above and foregoing deed, indenture 
or instrument of writing to be his act and deed, according to the true intent and 
meaning thereof. 

B. Thubzton. 



10 HISTORY OF THE CONGRESSIONAL CEMETERY. 

In the 3^ear 1816, at a meeting of the vestry held April 15. a 
committee was appointed by the vestry to select 100 burial sites in the 
cemetery for the interment of members of Congress, to be donated to 
the United States presumably as an act of courtesy' and an expression 
of good will toward the (jovernment. The committee made the selec- 
tion, and on April 7, 1817, the 100 sites so selected were reserved " for 
the interment of members of Congress." Later, on April 3, 1820, 
the vestr}^ by resolution extended this privilege to heads of Depart- 
ments of the General Government or their families, or the families of 
members of Congress. 

The record of the vestry containing the proceedings in regard to 
the above donation of sites is as follows : 

[Vestry record No. 1, p. 135.] 

Washington Parish, Aj)ril 15, 1816. 
The vestry met. Present : A. T. McCormick, rector ; Thomas Tiugey, Griffith 
Coombe, James Young, Samuel N. Smallwood, and Mordecai Booth. 

Resolved, That the committee to whom was referred the sexton's report be 
instructed to assign 100 sites in the Washington parish burial ground in the 
most eligib'3 situation as a reservation for the interment of members of Con- 
gress, the said sites to be so located as to be as near each other as possible, and 
that they report their proceedings thereon at the next meeting. 

John P. Ingle, Register. 

[Record No. 1, p. 141.] 

Washington Parish, Easter Monday, April 7, 1817. 

The \estry met. Present : The Rev. A. T. McCormick, Griffith Coombe, 
Thomas Haliday, James Young, S;uuuel N. Smallwood, and Mordecai Booth. 

The committee to whom was referred on the l.jth of April last the subject of 
assigning 100 sites in the burial ground as a reservation for the interment of 
members of Congress reported that they had accordingly located them as follows : 

In F east .30 sites beginning with No. 10 and ending with No. 51. In G east 
31 sites beginning with No. 21 and ending with No. 51. In H east 33 sites 
beginning with No. 19 and ending with No. 51. 

[Vestry record No. 1, p. 153.] 

April 3, 1820. 
Vestry met ; (luorum present. 

Resolved, That ui'on application to the register he may (if he shall .iudge 
proper) grant ])eriuission to the sexton to bury on the grave sites located for 
the interment of members of Congress any of the heads of Departments of the 
General Government or their families, or the families of members of Congress. 

Meanwhile the growth of the cemetery made it advisable that it be 
inclosed by a wall. The price of grave sites was so low, however, 
that the money received from their sale was not sufficient to build 
the wall desired by the authorities. Various measures for raising 
money to make tliis improvement Avere proposed, but nothing could 
be devised by which the revenues of the cemetery could be increased 
enough to raise the amount necessary to make the proper inclosure. 

It was finally suggested that Congress be asked to make an appro- 
priation for this purpose, and November 23, 1823, a committee was 
appointed to present the matter to Congress, under the following 
resolution : 

Resolved, That a counuittee be appointed to preiiare and jiresent to Congress 
in the name of this vestry a respectful memorial asking of that honorable body 
a reasonable ai)propriation of money in aid of the means of this parish, to 
inclose the Washington parish burial ground with a brick wall. 

Kev. Mr. Allen, Connnodore Tiugey, and Captain Smallwood were appointed 
as said committee. 



HISTORY OP THE CONGRESSIONAL, CEMETERY. 11 

The sites j^reviously donated to the Government had been located 
near the northeast corner of the cemetery and the remains of a num- 
ber of prominent public officials had been interred there, among them 
being- Vice-President Elbridge Gerry, of Massachusetts; Vice-Presi- 
dent George Clinton, of New York; Samuel Otis, Secretary of the 
Senate; Uriah Trac5% United States Senator from Connecticut; 
Francis Malbone, Senator from Rhode Island, and a number of Rep- 
resentatives. It was considered that because of these interments 
Congress might favor making an appropriation for the improvement 
of the cemetery, and as a further inducement to secure this aid on 
December 15, 1823, 300 more burial sites were set apart in the ceme- 
tery in the vicinity of those previously donated for the use of the 
Government. 

The record of this second donation is as follows : 

[Vestry i;ecord No. 1, p. 189.] 

The following proceedings of a meeting of the vestry were omitted to be 
entered in proper place : 

Washington Parish, Monday, December 15, 1823. 

The vestry met. Present: Rev. Mr. Allen, Mr. Sprigg, Mr. Tingey, Mr. 
Smallwood, Mr. Coombe. 

Resolved, That the following sites in the Washington Parish Burial Ground 
be set apart (in addition to those already reserved for that purpose) for the 
interment of members of Congress and others connected with the General Gov- 
ernment, subject nevertheless to all the regulations for the government of the 
said burial ground, viz : 

Sites. 

Nos. 1 to 4, inclusive, in range A east 4 

Nos. 1 to 8, inclusive, in range B east 8 

Nos. 9 to 15, inclusive, in range F east 7 

Nos. 52 to 74, inclusive, in range F east 23 

Nos. 9 to 17, inclusive, in range G east 9 

Nos. 52 to 74, inclusive, in range G east 2,8 

Nos. G to 8, inclusive, in range H east 3 

Nos. 52 to 74, inclusive, in range H east 23 

Nos. 103 to 1.52, inclusive, in range A west 50 

Nos. 103 to 152, inclusive, in range B west 50 

Nos. 103 to 152, inclusive, in range C west 50 

Nos. 103 to 152, inclusive, in range D west 50 

Total 300 

Adjourned. 

J. P. Ingle, Register. 

Following the donation to the United States of the above-described 
burial ground, through the efforts of the committee an apj^ropriation 
of $2,000 was secured from Congress to aid in building a brick wall 
around the cemetery, the statute providing that the vestry should 
execute a bond for $4,000 conditioned on the faithful application of 
the money and for securing to the United States the 400 sites reserved 
in said burial ground. The statute reads as follows (6 Stat. L., 294) : 

AN ACT For enclosing the burial ground of Christ Church, Washington Parish. 

Be it enacted, etc., That the Secretary of the Treasury be and be is hereby 
authorized to cause to be paid to the vestry of Christ Church, Washington 
parish, in the city of Washington, the sum of two thousand dollars, out of any 
money in the Treasury not otherwise appropriated, for the purpose of aiding in 
the erection of a substantial wall around the burial ground of said parish : Pro- 
vided, That the said vestry shall execute a bond to the United States, to be 
approved by the Secretary of the Treasury, and deposited in his Department, 



12 



HISTORY OF THE CONGEESSIONAL CEMETERY. 



conditioned in the penalty of four thousand dollars, for the faithful application 
of the money and execution of the work, and securing to the United States the 
four hundred sites reserved in said burial irround, for the interment of members 
of Congress, and others, connected with the General Government. 

The vestry duly executed the bond required by the above act, as 
the following record of the vestry for May 11, 1824, shows: 

[Record 1, p. 191.] 

Washington Parish. TKrsdaij, May 11, 1S2^. 
The vestry met. Present : Rev. Mr. Allen, Mr. Coombe, Mr. Martin, Mr. 
Tingey, and Mr. Henderson. 

Mr. Allen, from the committee appointed on the 24th November last to present 
a memorial to Congress, etc.. laid before the vestry the following act of Congress 
passed in consequence of said memorial : 

[Copy of the act of May 4. 1824. is then set forth.] 

It was then resolved by the vestry that a bond be executed according to the 
foregoing act, and that the treasurer l)e authorized to deliver it to the Secretary 
of the Treasury and receive the money thereby ajipropriated. 

A bond, of which the following is a copy, was then drawn and executed : 
Know all men by these presents, that we. the vestry of (Christ Church) 
Washington parish, in the City of Washington, are held and firmly bound to the 
United States in the just and full sum of four thousand dollars, for the payment 
of which we bind ourselves and our successors in office by these presents. 

Signed bv our hands and sealed with the common seal of the vestry aforesaid 
this 12th day of May, 1824. 

Whereas the Congress of the United States have by their act ajiproved the 
fourth day of the present month aiipropriated the sum of two thousand dollars, 
to be paid to the vestry of Christ Church, Washington parish, to aid in the erec- 
tion of a substantial wall around the burial ground of said parish ; therefore 
the condition of the above obligation is such that the vestry aforesaid shall 
faithfully apply the said sum of tvi'o thousand dollars this day received of the 
Secret.ary of the Treasury of the United States to that purpose, and shall 
execute and fully complete the said wall, and shall secui'e to the United States 
the four hundred sites reserved in said burial ground for the interment of mem- 
bers of Congress and others connected with the (rcneral Government, then this 
obligation to be void, otherwise to remain iti full force and virtue. 

Ethan Allen, Rector. 
Griffith Cooaibe, Tcfitrynian. 
.Tames Martin, Vestryman. 
Archibald Henderson, Vcsirytnan. 
Edw. L. Lewis, Vestryman. 
Sam. N. Smailwood. Vestryman. 
P.en Spriog. Vestryman. 
Thomas Tingey, Vestryman. 
[seal.] John.\than Prout, Vestryman. 

John P. Ingle, Rey'r. 

The bond thus executed was duly approved, and is now on file in 
the Treasury Department according to their records. 

The mor.ey thus appropriated for building the wall was used for 
that purpose and the wall completed during the year 1824, as shown 
by the following copy of proceedings of the vestry : 



[Vestry record No. 1, p. 191.] 

Vestry meeting ]May 11, 1824. 

Resolved. That Mr. Allen, Mr. Smailwood, Mr. Tingey, and Mr. Ingle be 
appointed a connnittee to cause to be erected around the Washington Parish 
Burial Ground a substantial brick wall after such plan as they may determine 
on. and that the treasurer pay the orders of the said committee, not exceeding 
in the whole $2,000. 

Adjourned. 

John P. Ingle, Register. 



HISTORY OF THE CONGRESSIONAL CEMETERY. 13 

[Vestry record No. 1, January 8, 1825.] 

Pursuant to adjournment the vestrj- met. Present : The rector and all the 
vestrymen except Mr. Lewis. 

Mr. Ingle, fi-om the connuittee appointed on the 11th of May last to cause a 
wall to be erected around the Washington Parish Burial Ground, submitted a 
report stilting that the work was completed, and that the whole expense 
thereof was .$2.126.-iT, when it was resolved that the reiiort be accepted and that 
the sum of $120.47 be appropriated in addition to the amount appropriated on 
the 11th day of May for the purpose of ])aying the expense thereof, payable 
out of any funds arising from the sale of grjive sites. 

The rate of burials in the cemetery increased constantly after its 
inclosiire, and the time of the keeper was employed almost constantly 
in taking care of the graves and grounds. By the year 1831 condi- 
tions seemed to warrant the erection of a keeper's house at the ceme- 
tery, but as the funds were low on January 5 the vestry appointed 
a committee to make application to Congress for an appropriation 
to aid the vestry in building a house for the keeper and otherwise 
improving the cemetery. 

May 31, 1832, Congress made the desired appropriation in the sum 
of $1,500, to be expended under the direction of the commissioner of 
public buildings, to aid in the erection of the keeper's house, planting 
trees, placing boundary stones, and adding other betterments. Tlie 
act reads as follows : 

[4 Stat. L., 520.] 

AN ACT To aid the vestry of Washington parish in the erection of a keeper's house, and 
the improvement and security of the ground allotted for the interment of members of 
Congress and for other public officers. 

Be it enacted, etc., That the sum of one thousand five hundred dollars be. 
and the same is hereby appropriated, out of money in the Treasury not other- 
wise appropriated, to be expended under the direction of the commissioner of 
public buildings, for the purpose of aiding the vestry of Washington parish in 
the erection of a keeper's house, for planting trees, boundary stones, and other- 
wise improving the burial ground allotted to the interment of members of 
Congress and other officers of the General Government. 

May 26, 1832, at a meeting of the vestry a committee was appointed 
to perfect plans for building a house for the keeper. Thanks were 
also given to Congress for the appropriation made and to certain 
individual members for their efforts in securing the passage of the 
bill. The record of the proceedings of the vestry thereon is as fol- 
lows: 

[Vestry record No. 1, May 2G, 1832.] 

The vestry met this day. Present : Rev. F. W. Hatch, Jonathan Prout, 
James Tucker, William Marten, and John P. Ingle, vestrymen. 

The register communicated to the vestry the information of the passage of 
an act by Congress of the United States appropriating the sum of $1,500 to aid 
the vestry in erecting a keeper's house at the Washington parish grounds, 
and in otherwise improving the said grounds. It was thereupon unanimoiisly 
resolved that the thanks of the vestry to Congress for this liberal aid. and 
especially to the Hon. George C. Washington, of the House of Representatives, 
and the Hon. Ezekiel Chambers, of the Senate, chairmen of the respective 
committees, for their generous efforts in obtaining the passage of the bill, be 
recorded on the journal of the vestry. 

Resolved, That Grilfith Coombe, Jonathan Prout, and John P. Ingle be 
appointed a committee to contract for and superintend the erection of a keep- 
er's house at the Washington Parish Burial Ground and the further improve- 
ment of the said ground. 

Adjourned. 

John P. Ingle, Register. 



14 HISTORY OF THE CONGRESSIOXAL CEMETERY. 

The northwest corner of the cemetery, at Eighteenth and E streets, 
was chosen as a site for the keeper's house and it was buik there in 
accordance with the terms of the appropriation of $1,500, which 
sum was paid over by the commissioner of public buildings to 
Griffith Coombe, December 31, 1832. 

By this time about forty burials of deceased Government officials 
had been made in the cemetery, by order of the Government, and it 
was generally recognized as the official burying ground of Congress. 
Only an occasional burial in Washington of a deceased official was 
made in another cemetery, and these were afterwards removed and 
placed in the " Congressional Cemetery.'' Through lack of funds 
the vestry authorities had not been able to build a receiving vault, 
and as one was desired by Congress for use at interments of members, 
on July 14, 1832, an appropriation of $1,000 was made to supply 
this convenience — the money to be expended under the direction of 
the commissioner of public buildings. The statute is an item in the 
supplementary act making appropriations for civil and military 
service and reads as follows : 

For the construction, under tlio superintendence of the commissioner of 
public buildings, of a substantial brick or stone vault iu the Washington 
Parish Burial Ground, for the temporary interment of members of Congress, 
$1,000. (4 Stat. L.. 581.) 

The money thus appropriated not being sufficient for completing 
the vault, Congress appropriated $1,G00 more on March 2, 1833 
(4 Stat. L., 6.50) : " For completing the public vault and railing 
thereon." 

And June 30, 1834 (4 Stat. L., 722), $193.89 was appropriated 
" For the actual deficiency in the appropriation made during the 
last year for the enclosure of the public vault and the improvement 
of the public buiying ground." 

From the records of the commissioner of public buildings, it 
appears that the above sums were expended under his direction, in 
accordance with the statute. 

The ground on which the vault thus provided for was erected 
was near the center of the cemetery, and was designated on the plat 
thereof as Nos. 116 to 125, inclusive, in ranges E, F, G, and H west, 
making a plat of ground about 30 by 36 feet. The vestry ordered 
walks 3 feet wide laid out on each side of the ground thus appro- 
priated in lieu of the walk closed by the building of the vault. Its 
use for receiving the remains of members of Congress was of course 
declared to be free, a chfirge of $5 being made to others desiring to 
place bodies therein. Of this charge the sexton retained $1.50 for 
his services, and the balance was directed to be paid over to the 
ve.stry " to be expended in the improvement of the grounds and in 
keeping the same in order." 

The bnck Avail erected in 1824 had been damaged by the action of 
water after heavy rains, and in some places had been carried entirely 
away. Other slight damages had been occasioned in the same way, 
and to repair these defects, June 30, 1834, Congress appropriated 
$1,966 for the following purpose, as shown by the statute (4 Stat. L., 
722) : " For rebuilding the wall and constructing a cidvert and drain 
at the burying ground," and to complete this repairing a further 
appropriation of $600 was made March 3, 1835. (4 Stat. L., 770.) 



HISTORY OF THE CONGRESSIONAL, CEMETERY. 15 

Both of these appropriations were expended by the commissioner of 
public buildings in accordance with the statute. 

Thereafter for ten years the vestry asked no further appropriations 
from Congress for the benefit of the cemetery and none was made. 
Interments continued steadily, in both Government and private sites. 
Eash succeeding year the need of additional ground for the cemetery 
became more apparent, and in 1843 the cemetery authorities began 
taking steps to acquire it. 

December 18, 1843, a meeting of the vestry was held and a com- 
mittee was appointed to secure the passage of a law allov/ing the 
cemetery to enlarge its boundaries. East of square No. 1115 the 
Government owned a large tract of land described as reservation 
No. 13, otherwise known as " Hospital square," because the marine 
hospital stood thereon, and the committee w^as directed to purchase a 
part of this tract, in case the necessary legislation could be had. 

A memorial was presented to Congress by the committee asking 
that a law be passed permitting the addition of more ground and the 
use of streets between the ground they might acquire, and during 
the year 1843 the committee endeavored to secure the passage of a bill 
that would permit such action by the vestrj^ of Washington parish. 
Congress adjourned without passing the proposed bill and thereafter 
attempts to secure such legislation were made at three succeeding ses- 
sions of Congress, all without obtaining the end desired. 

Meanwhile Congress had made other appropriations for the bene- 
fit of the cemetery, and had expended $1,500 in grading and gravel- 
ing the road leading from the Capitol to the cemetery. Unusually 
heavy rains had thrown down about 100 feet of the west wall and 75 
feet of the south wall of the cemetery, had washed the roads badly, 
and had done othr damage in the lower parts of the yard. To repair 
these damages and to grade the road leading from the Capitol to the 
cemetery, on August 10, 1846, appropriations were made as follows: 

For repairs to Congressional Burial Ground, rendered necessary by the late 
freshet, $500.00. 

For repairs to the road leading from the Capitol square to the congressional 
burial ground, rendered necessary by the late heavy rains, to be expended under 
direction of the comunsiouer of public buildings, $1,500. (9 Stat. L., 93.) 

The journal of the commissioner of public buildings of 1846 shows 
that on Octobre 16, 1846, $500 was paid to John P. Ingle for repairs, 
etc., and that the other $1,500 was expended during October, 1846, 
for repairs under the direction of the commissioner. 

In 1847 for the fourth time the memorial to Congress was renewed 
asking for legislation upon the subject of an enlargement of the 
Washington Parish Burial Ground, and the matter was presented by 
a committee composed of General Henderson, Captain Cunningham, 
and John P. Ingle. Action on the bill was first secured in the Senate, 
where it was passed. Pending the action of the House thereon, the 
vestry, on June 21, 1848, adopted a resolution by the terms of which 
the vestry agreed to give to the United States the privilege of buying 
one- fourth part of the said burial ground if desired within two years 
after the passage of the bill at the same rates paid for sites by private 
persons, the Ignited States not to be held subject to any part of the 
expense of putting up or keeping up the incidental expenses of the 
burial ground. This provision was incorporated in the bill before 



16 HISTORY OF THE CONGRESSIONAL CEMETERY. 

it passed, with the exception of the two-year limitation as to the time 
of purchase, which was stricken out. 

The resohition of the vestry is as follows : 

Wliereas n bill lias been passed by the Senate of the United States and is 
now pending before the House of Representatives, entitled "A bill to authorize 
the sale of a part of public reservation No. 13 in the City of Washington, and 
for other purposes," the object of which is the extension of the Washington 
Parish Burial Ground ; and whereas it may be desirable that the United States 
shall have a right to purchase a portion of said burial ground when it may be 
enlarged, it is therefore resolved by the vestry of Washington parish that the 
Congress of the United States shall at any time within two years after the 
final passage of the said 1)111 have a right to purchase any pai't of the said 
burial ground, not exceeding one-fourth part thereof, which nia:\' at the time 
remain unsold, at the same rate which priviite individuals purchase, and the 
whole purchase money which the United States may pay for said ground shall 
be applied to the inclosing and graduating of the said burial ground. 

i^ccording to the records of the commissioner of public buildings, 
reservation No. 13 above referred to — 

was one of the original appropriations which, together with the streets, were 
reserved by President Washington's order for the use of the United States 
forever. In his order, which was dated March 2, 1797, reservation No. 1.3 is 
described as follows : 

" Thirteenth. The appi'opriation bounded on the north by the south side of 
south B street, on the west by the east side of Seventeenth street east, the 
south by the north side of south G street, and ou the east by the Eastern Branch 
or Annakostia River." 

In the record book containing a copy of the said order reservation or appro- 
priation 13 is called " The Hospital square," and is stated to contain 77 acres, 
roads, 2G porches. 

The bill allowing the enlargement of the cemetery became a law 
July 25, 1848, and gave to the United States the right to purchase 
part of the cemetery if desired, in accordance with the A^estry pro- 
ceedings of June 21. above set forth. The bill also authorized the 
commissioner of public buildings to sell to the vestry such part of 
reservation No. 13 as the War and Navy Departments deemed it proper 
to sell ; the vestry was further given authority to inclose, possess, and 
occupy the street between reservation No. 13 and the cemetery, and 
also, with the consent of the corporation of Washington, to " inclose, 
possess, and occupy so much of any street or streets as might pass 
betAveen the original plot of square No. 1115 and any other whole 
square of ground of which the vestry might become possessor," limit- 
ing the size of the cemetery to 30 acres. 

The act reads as follows : 

[9 Stat. L., 250, July 2.5, 1848.] 

AN ACT TO authorize the sale of a part of public reservation numhered thirteen, in the 
city of Washington, and for other purposes. 

Be it enacted, etc.. That the commissioner of public buildings in the city of 
Washington be, and he is hereby authorized to sell to the vestry of Washington 
parish such portion of the public reservation of land in the city of Washington 
numbered thirteen, called the Hospital square, as the said vestry may desire to 
inircliMse. for the jmriiose of enlarging the Washington parish burial ground, not 
exceeding six acres : Provided, The Secretary of War and the Secretary of the 
Navy shall be of the opinion that the said land can be sold without in.iury to 
the public service ; and, upon payment being made to the said commissioner 
for the said land, at the same price per acre which the United States received 
for the adjoining square of ground numbered eleven hundred and fifteen 
he shall execute a conveyance therefor to the said vestry, in the same manner as 
he now conveys public lands when sold. 



HISTORY OF THE CONGRESSIOlSrAL CEMETERY. l7 

Sec. 2. And he it further enacted. That the vestry of Wasliingtou parish shall 
have authority to enclose, possess, and occupy s:) nmch of Nineteenth street east 
as passes between square luimbered eleven hundred and fifteen in the city of 
"Washington (the present burial ground) and the laud proposed by the first 
section of this act to be sold ; and also, with the consent of the corporate 
authority of the city of Washington, the said vestry may enclose, possess, and 
occupy so much of any street or streets, as may pass between the said square 
numbered eleven hundred and fifteen, and any other whole square of ground 
of which it may become the possessor, for the sole purpose of enlarging the said 
burial ground. 

Sec. o. And he it further enacted. That the vestry of Washington parish shall 
have power to hold and enjoy forever any land which it may purchase or possess 
for the extension of the Washington parish burial ground : Provided. The 
whole (piantity shall not exceed thirty acres, anything in any former act to the 
contrary notwithstanding; and the said vestry may, from time to time, sell or 
otherwise dispose of the said ground foi- the purposes of burial. 

Sec. 4. .l/;(/ he it further enacted, That the Government of the United States 
shall be entitled to pun-base from the said vestry, and to occupy :is a burial 
ground for ileaibers of Congress and such other members of the United States 
Government as the President shall deem expedient and proper to allow, a portion 
of the land hereinbefore authorized to be sold, not exceeing one-fourth part 
thereof, and which portion shall be laid out in some compact form and at such 
place as the Secretaries aforesaid shall select: Provided, That the ground so 
authorized to be purchased and used by the Government shall be paid for from 
time to time as it is actually used, at the price demanded by the vestry, for 
grave sites in other parts of the same ground: And\ provided also. That this 
reservation of the right to purchase to the extent aforesaid shall not be held 
to sul).iect the United States to any part of the expense of putting up or l<feping 
up the enclosures of the said burying ground, or other expenses incident thereto. 

At a meeting of the vestry July 2-1 (after the passage of the 
above act, but before the bill was signed), the committee reported 
to the vestry that the act had passed, and the vestr}^ thereupon ac- 
cepted its provisions and appointed a committee to confer with the 
War and ^slvj Departments to secure their consent to sell part of 
reservation No. 13 to the cemetery. 

The acceptance bv the vestry of the provisions of the statute of 
July 25, 1848, is as follows: 

[Record No. 1. July 24, 1848.] 

A special meeting of the vestry was held this day. 

Present : .Jnmes Tucker. R. B. Cunningham, Jonathan Prout, Anthony Addi- 
son, Henry Naylor, Arch. Henderson, and .John P. Ingle, vestryuicn. 

The conunittee appointed oti the ISth of December last " to renew the memo- 
rial heretofore presented to Congress upon the subject of an enlargement of the 
Washington parish ))urial ground" reported that an act had been passed by 
Congress in relation thereto, of which the following is a copy : 

[Act of July 25, 1848, set forth in full.] 

It was thereupon resolved by the vestry tliat the aforesaid act of Congress 
be accepted, and that the same committee be authorized to ascertain according 
to the provisions of the said act what portion of the grounds therein mentioned 
may ))e purchased by the vestry, and make report thereon. 

Adjourned. 

.John P. Ingle, Rer/ister. 

The committee on purchasing more ground reported on October 
10, 1848, that the Secretary of War and Secretary of the Navy had 
given an opinion under the Statute of 1848 as to the sale of a portion 
of reservation No. 13 to the vestry, and that under the terms of their 
decision the vestry would be able to acquire about 2^ acres of reser- 
vation adjoining square No. 1115 on the east. The register was 
directed to make the purchase thus allowed, and was also directed 
S. Doc. 72, 59-2 2 



18 HISTORY OF THE CONGRESSIONAL CEMETERY. 

to buy square No. 1110, which joined square No. 1115 on the south, if 
possible to buy it for $500. He was further authorized to bu}' such 
additional ground as he deemed expedient. 

The proceedings of the vestry in regard to the propo'^ed purchases 
are as follows: 

[Vestry record No. 1, October 10, 1848.] 

A special meeting of the vestry held this day. Present : Anthony Addison 
James Tucker, Jonathan Front, Arch Henderson, R. B. Cunningham, and John 
P. Ingle, vestrymen. 

The register laid before the vestry a copy of the decision of the Secretary of 
War and Secret;iry of the Navy, made under the act of Congress entitled 
"An act to authorize the .sale of a part of public reservation No. 13, in the city 
of Washington, and for other purposes." showing that about 2{ acres of the 
said reservation of land may be sold to this vestry for the extension of the 
Washington Parish Burial Ground. The register was thereujion ordered to 
purchase said piece of land. 

The register was also authorized to purchase square No. IIIG for the enlarge- 
ment Oi the said burial ground, provided it can be bought for $500. 

Ordered, That the register be authorized to purchase such lots or scjuares of 
ground for the future extension of the Washington Parish Burial Ground as 
he may deem expedient, provided they can be obtained at or near the rate at 
which they are now assessed for taxation by the corporation of Washington. 

Adjourned. 

.John P. Ingle, Register. 

A copy of the opinion rendered by the Secretary of AVar and Sec- 
retary of the Navy is as follows : 

The undersigned, the Secretary of War and the Secretary- of the Navy, are 
of the opinion that the part of public reservation No. 13, In the City of Wash- 
ington, designated on the plat hereto annexed as lying within the lines A, E, 
F, D — that is to say, beginning for said ])art at the southwestern corner of said 
reservation and running thence with the southern boundary thereof 20G feet ; 
thence north 478 feet and 4 inches ; thence west to the western boundary of 
said reservation 206 feet; and thence south, with said western boundary 478 
feet and 4 inches, to the place of beginning. May be sold without injnry to 
the pul)lic service, in conformity with the act approved July 25. 1848, " to 
authorize the sale of a part of reservation No. 13 in the city of Washington, 
and for other purposes." 

AV. L. Marcey. 
Secretary of War. 
J. G. Mason, 
Secretary of the Navy. 
Washington, September 29, 1848. 

The ground thus described and allowed to be sold contained about 
2| acres. 

Under the autliority given to him to buy additional ground the 
register first purchased the whole of square No. lllG, a tract o1 
about 21 acres (exclusive of the portion of G street between), lying 
south of square No. 1115 and bounded by G street on the north, 
Nineteenth street on the east, H street on the south, and Eighteenth 
street on the west. The consent of the authorities of the corporation 
of Washington was secured to inclose and occupy G street from 
Eighteenth to Nineteenth, between the two squares of ground, in 
accordance with the act of July 25, 1848. The folloAving is a copy of 
the vestry proceedings and the act [)assed by the city of Washington, 
to wit: 

[Record No. 1, April 2, 1894.] 

A special meeting of the vestry was held this day. Present: Rev. Wm. 
Hodges, rector ; Henry Naylor, James Tucker, Jonathan Prout Anthony Addison, 
and John P. Ingle, vestrymen. 



HISTORY OF THE CONGRESSIONAL CEMETERY. 19 

The register infoniied the vestry, that he liad at length succeeded in purchas- 
ing tlie whole of square No. 1116 in the city of Washington, under the authority 
given to him on the luth of October last, and also other lots of ground in the 
vicinity of the burial ground, a particular report of which he would make to the 
vestry hereafter. The register also submitted a plat showing the manner in 
which he proposed to lay out square lllG into burial sites as a part of the 
Washington parish burial ground. The vestry approved and adopted the plan 
proposed, and the register was authorized to have the said square and inter- 
vening street inclosed and improved as he may think best. 

The following is a cojiy of the act of the corpora-tion of the city of Washing- 
ton, authorizing the vestry to inclose, possess, and occupy so nuich of G street 
south as passes between squares Nos. 1115 and 1110: 

" Whereas by an act of the Congress of the United States approved on the 
25th day of July, 1818, entitled 'An act to authorize the sale of a part of the 
public reservation numbered 13 in the city ()f V\'ashington, and for other pur- 
poses ' the vestry of Washington parish is authorized ' with the consent of the 
corporate authority of the city of Washingon ' to enclose, possess, and occupy 
so uuich of any street as may pass between square No. 1115 (the present public 
burial ground) and any other whole sciuare of ground of which the said vestry 
may become the possessor for the sole purpose of en.larging the said burial 
ground; and whereas the said vestry has purchased all of scjuare numbered 
1110. except lot No. 14. the title to which lot can not be obtained at the present' 
time, and have applied to this corporation to pass an act to authorize the said 
A'estry to enclose, possess, and occupy so much of G street south as lies between 
square No. 1115 and square No. 1110, so soon as it shall become the possessor of 
the whole of said square numbered 1110: Therefore, 

Be it enacted, etc.. That the consent of this corporation be, and it is hereby, 
given to the vestry of Washington i)arish to enclose, possess, and occupy so 
much of G street south as lies between s(iuare numbered 1115 and square num- 
bered 1110 ; the said part of street to be used only according to the conditions 
of the act of Congress hereinbefore mentioned. 

"Approved, November .'JO, 1848." 

Adjourned. 

.John P. Ingle. Register. 

Square No. 1116 and G street between squares 1115 and 1116 were 
then platted and laid out for burial sites and used for cemetery pur- 
poses thereafter. 

On July 19, 1852, as the vestry company wished to still further en- 
large the grounds, the money derived from the sale of burial sites was 
set apart for the purpose of adding to and improving the cemetery, as 
shown by the following vestry record : 

[Record No. 1, July 19, 1852.] 

An adjourned meeting of the vestry was held this day. Present: Rev. 
William Hodges, rector; James Tucker, William Richards, Jonathan Prout, 
Henry Naylor, Arch, Henderson, John P. Ingle, vestrymen. 

The following preamble and resolution were considered and adopted: 

Whereas the increased demand for burial sites in the Washington Cemetery 
and other causes make it important that the cemetery should be again enlarged ; 
and whereas the vestry has authorized the treasurer to contract for and pur- 
chase ground for this object ; therefore be it 

Resolced, That any money derived from the sale of burial sites in said 
cemetery be, and hereby is, pledged and set apart to meet any engagements 
which the treasurer may enter into for the purpose of extending and enclosing 
the said cemetery. 

Adjourned. 

John P. Ingle, Register. 

Under this provision, square No. 1104, joining square 1115 on the 
west and containing about 3| acres, was acquired by the vestry and 
the sonsent of the corporation of Washington secured for the vestry 
to inclose, possess, and occupy Eighteenth street between squares 1115 
and 1104. This gave up to the cemetery Eighteenth street, between 



20 HISTORY OF THE CONGRESSIONAL CEMETERY. 

E and G streets SE., and the boundaries were formally extended to 
include the new square and the street thus given up. The vestry pro- 
ceedings with regard thereto and the copy of the act passed by the 
City of Washington giving up Eighteenth street, between E and G 
streets SE., are as follows: 

|I{ecoi-d No. 1, October S, lsr>:i.] 

A special meeting of the vestry was held this day. Present: Uev. William 
Hodges, rector; William Richards, Henry Naylor. .Jonathan Prout, .John :M. 
Roberts, Hugh McCormick, S. A. II. McKim, and .John P. Ingle, vestrymen. 

The register informed the vestry that the corporation of Washington had, 
under authority of Congress, passed an act to authorize the vestry to enclose 
and incorporate a part of Eighteenth street east in the ^yashington Cemetery, 
of which act the following is a copy : 

"AN ACT Authoriziug the vestry of WasbinKton parish to euclose, possess, and occupy a 
portion of Kighteenth street east. 

" Whereas, by an act of the Congress of the United States, approved on the 
25th day of July, in the year 1848, entitled 'An act to authorize the sale of a 
part of the public reservation numbered 13 aud for other purposes,' the vestry 
of Washington parish is authorized, with the consent of the corporate authority 
of the City of Washington, to enclose, possess, and occupy so much of any 
street as n'lay pass between square 1115 (the present burial ground), and any 
other whole square of ground of which the said vestry may l)ecome the ])ossessor 
for the sole purpose of enlai'ging the said burial ground: 

"And whereas the said vestry has purchased the whole of square 1104, and 
has applied to this corporation to i)ass an act to authorize the said vestry to 
enclose, possess, and occupy so mucli of Eighteenth street east as lies between 
square No. 1115 and square No. 1104; therefore 

'• Be it enacted, That the consent of this corporation l)e, and is hereby, given 
to the vestry of Washington parish to enclose, possess, and occupy so much of 
Eighteenth street east as lies between square No. 1115 and square No. 1104, the 
said part of said street to be used only according to the conditions of the act 
hereinbefore mentioned. 

"Approved May 28, 1853." 

Resolved, That the Washington Cemetery be now extended so as to embrace 
the whole of square No. 1104 aud that part of Eighteenth street east v.hicli 
lies between it and square No. 1115; and that Mr. Prout, Mr. Richards, Mr. 
McCormick, and ;Mr. Ingle be a committee to prepare a plan for the same, 
and to cause the groimd to be enclosed and improved. 

Adjoiu'ued. 

John P. Ingle, Register. 

The folloAving table exhibits the original arrangement and lettering 
of the sites in the cemetery up to the time of the second enlargement 
thereof (in the year 1853-54). And also the numbering of the same 
ranges as adopted by the vestry on the 8th of May, 1854, as made 
necessary by the said enlaigemcnt. 

[Record No. 1, May S, 1854.] 
East: 

Old arrangement: Letters.— A, B, C, D. E, F, G, H, I, K, L, M, N, O, 

P, Q, R. 
New arrangement: Figures.— 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 

38, 39, 40. 
West: 

Old arrangement.— A, B, C, D, E, F, G, H, 1, K, L, M, N, O, P, Q, R. 
New arrangement.— 57, 56, 55, 54, 53, 52, 51, 50, 49, 48, 47, 46, 45, 44, 43, 42, 41. 

The north boundary of the cemetery now extended from Seven- 
teenth and Georgia avenue east to Eighteenth and E, and east on E 
street to Nineteenth. The vestry was anxious to erect an iron fence 
along this line, but funds were not available for that purpose, and 
steps were taken to secure the necessary amount from the Government 
in exchange for additional burial sites in the cemetery. General 
Henderson and John P. Ingle had been appointed a committee in the 



HISTORY OF THE CONGRESSIONAL CEMETERY. 21 

matter February 4, 1850, but had made no progress thus far. Decem- 
ber 18, 1854, the same gentlemen were reappointed (vestry record 
No. 1) — 

To apply to Congress to purchase a number of burial sites in the Washington 
Cemetery, upon condition that the purchase money should be applied to the 
erection of an iron fence on the north front of the cemetery. 

The committee thus appointed presented a memorial to Congress 
asking that an appropriation be made to build the fence in exchange 
for burial sites, but no bill was passed. February 4, 1856, according 
to the vestry record, the same committee was requested to renew the 
application to Congress for the passage of the appropriation. As a 
result of this application Congress appropriated $5,000 on August 
18, 1850 (11 Stat. L., 88), as follows: 

To enable the Secretary of the Interior to purchase five hundred burial lots 
in the Congressional burying ground, a sum not exceeding five thousand dollars : 
Provided. That the same be expended in the construction of an iron fence on 
the north side of said burial grounds. 

As soon as this sum was secured the committee was authorized to 
effect the sale and to procure plans and estimates of cost of a suitable 
fence. John P. Ingle register for the vestry, and Dr. John B. Blake, 
commissioner of i^ublic buildings acting for the Secietary of the 
Interior, went to the cemetery and selected the location of the sites 
for the Government, November 7, 1856. Three hundred and sixty of 
the lots were in ranges 58, 59, and 60 — 120 in each rauge, and were 
just east of the lot line on Eighteenth street between E and G. The 
other 140 were just west of the lot line of the same i)ortion of E 
street, in ranges 61 and 62 — 70 lots in each range. 

Twelve additional lots in each of ranges Nos. 61 and 62 were also 
secured by Doctor Blake in exchange for some sites used by the 
Government in the northwest corner of square No. 1116, in ranges 
54, 55, 56, and 57, being numbers 165 to 170, inclusive, in each range. 
It will be seen by reference to the description of the sites heretofore 
donated to the Government by the cemetery that they were all in 
square 1115. The cemetery authorities, however, had placed on the 
sites in square 1116 eight monuments to deceased Members of Con- 
gress whose remains were interred elsewdiere. It was arranged to 
have these removed to some other part of the cemetery. It is appar- 
ent that the 24 sites selected by Doctor Blake in ranges 61 and 62 were 
acquired in exchange for sites in square 1116 that the Government 
did not own, 

November 8, 1856, Mr. Ingle wrote to Doctor Blake with refer- 
ence to the selection of sites, as follows : 

T\'ashington. Nomnhcr S, 18-)6. 
Dear Sir : Annexed you will find a list of the burial lots in the Washington 
Cemetery, commonly called the Congressional burying ground, which you yester- 
day selected for the Coverumeut of the United States under the act of Congress 
entitled "An act making appropriation for certain civil expenses of the Govern- 
ment foi- the year ending ;>Oth .June, 1857." ai)proved 18th August, 1856. 



22 HTSTOKY OF THE CONGRESSIONAL CEMETERY. 

Lots. 

Lots Nos. 31 to 98 and Nos. 101 to 152, inclusive, in range No. 58, being 120 

Lots Nos. .31 to 98 and Nos. 101 to 152, inclusive, in range No. 59, being 120 

Lots Nos. 31 to 98 and Nos. 101 to 152, inclusive, in range No. GO, being 120 

Lots Nos. 66 to 98 and Nos. 116 to 152, inclusive, in range No. 61, being 70 

Lots Nos. 06 to 98 and Nos. 116 to 152, inclusive, in range No. 62. being 70 

Maliiug 500 

Tlie lots whicli you propose to talce for the Government in exchange for tlie 
like number, viz, Nos. 165 to 170, inclusive, in each of the ranges ; Nos. 54. 55, 56, 
and 57, and Nos. 54 to 65, inclusive, in range No. 61, say 12 lots, and lots Nos. 
54 to 65. inclusive, in range No. 62. say 12 lots. 

The inclosed is the form of certificates which we give to purchasers of ground. 
If you prefer any other and will prepare it, it shall be executed. 
AVith gi'eat resiiect. your obedient ser\-ant, 

.ToHN P. Ingle. 
Dr. .John B. Blakk, 

Commissioner of Fuhlic Buildings. 

November 0, 1856, a special meeting of the vestrj^ Avas held, in 
which the matter of selection of the sites proposed to be exchanged 
was considered, and authority of the vestry given therefor. The 
proceedings are as follows, to wit: 

[Vesti'y record No. 1. November 9, IS.jS.] 

A special meeting of the vesti'y was held this day. Present, George M. 
Dove, William Richards, Arch Henderson, Henry Nailor, .Jonathan Prout, 
and .John P. Ingle, vestrymen. 

The treasurer stated that the Secretary of the Interior had authorized 
Dr. J. B. Blake, the commissioner of public buildings, to make a selection 
of burial sites in the Washington Cemetery for the United States, under the 
late act of Congress, giving authority to do so, and that Doctor Blake desired to 
exchange sites Nos. 165, 166, 167, 168, 169, and 170 in each of ranges Nos. 
54, 55, 56, and 57, now owned and occupied by the United States, for the like 
number of sites (say 24) in the last addition to the cemetery. The vestry 
agreed to make the proposed exchange. 

(Note. — On these sites no interments have been made, liut monuments 
erected there to the memory of eight members of Congress, which monuments 
are to be removed.) 

Adjourned. 

John P. Ingle, Register. 

Mr. Ingle's letter of November 8, was referred to the Secretary 
of the Interior on November 11 by Commissioner Blake, with a re- 
port of the selection of the sites, as follows : 

Office of the Commissioner of Public Buildings. 

November 11, 1856. 

Sib: Herewith I transmit to you a copy of a letter from John P. Ingle, esq., 
containing the number of the ranges and lots I selected in the Congressional 
burying ground by your direction. 

I also consented that eight Congressional monuments, occupying 24 lots 
in an isolated position, should be removed to the lots selected by me, pro- 
vided the same number of lots should be set apart for the Government in 
connection with those I had selected. I had no authority for making the 
exchange, but as it was manifestly for the interest of the Goverment. and as 
Mr. Ingle was willing to act upon my acquiescence, I did not hesitate to give 
it. There are no remains under the eight uumiunents proposed to be removed. 

The certiticate to which the letter vefei-s being the usual form issued by 
authority of the vestry of the parish to which the cemetery belongs, I have 
not deemed it necessary to require any change in it. 
Very respectfully, your obedient servant, 

John B. Blake, Commissioner. 
Hon. KoitERT jNIcClelland. 

Secretary of the Interior. 



HISTORY OF THE CONGRESSIONAL CEMETERY. 28 

November 12, 185G, the Secretary of the Interior approved Doctor 
Blake's selection in the following letter : 

Department of the Interior, 

Novemher 12, 18-)6. 

Sir: I am in receipt of your letter of yesterday, apprising the Department 

of your liaviug selected the additional number of sites in the Congressional 

burying ground required by the act of 18th August last, and in reply inform 

you that the selection is approved, as well as the exchange referred to by you. 

Very respectfully, your obedient servant, 

R. McClelland, Secretary. 

Dr. J. B. Blake. 

Commissioner of Public Buildinos, Washington, D. C. 
The description of these 500 sites pnrchased and the 24 secnred in 
exchange, 524 in all, is as follows, b}^ range and number : 

Five hundred sites purchased : 

Sites. 

Range 58. Nos. 31 to 98 and 101 to 152 120 

Range 59, Nos. .31 to 98 and 101 to 152 120 

Range 60 Nos. .31 to 98 and 101 to 152 120 

Range 61, Nos. 66 to 98 and 116 to 152 70 

Range 62, Nos. 66 to 98 and 116 to 152 — - 70 

Total 500 

Twenty-four sites in exchange : 

Sites. 

Range 61, Nos. 54 to 65 - 12 

Range 62, Nos. 54 to 65 12 

Total 24 

Copies of the certificates of the vestiy for the above sites, now on 
file in the Office of Public Buildings and Grounds in charge of Col. 
Chas, S. Bromwell, are as follows : 

.Know all men by these presents. That the United States of America are 
entitled to five hundred burial sites in the Washington Cemetery, established 
on squares numbered eleven hundred and four, eleven hundred and fifteen, and 
eleven hundred and sixteen, in the city of Washington ; which said sites are 
known and described on the plan of the said cemetery as sites numbered thirty- 
one to ninety-eight, and one hundred and one to one hundred and flfty-two, 
inclusive, in each of ranges numbered fifty-eight, fifty-nine, and sixty : and sites 
numbered sixty-six to ninety-eight and one hundred and sixteen to one hundred 
and fifty-two. inclusive, in each of ranges numbered sixty-one and sixty-two ; 
transferable by the said United States, their attorney, or assigns on the transfer 
book of the said cemetery, subject nevertheless to all rules which have been or 
may be made for the government thereof. 

In testimony whereof the vestry of Washington parish have caused me to 
issue these presents and hereunto to atfix their common seal this twelfth day 
of November, in the year of our Lord one thousand eight hundred and fifty-six. 

.John P. Ingle. Register. 

[Christ Church, City of Washington. Faith.] 

Know all men by these presents. That the United States of America are 
entitled to twenty-four burial sites in the Washington Cemetery, established on 
squares numbered eleven hundred and sixteen, in the city of Washington ; which 
said sites are known and described on the plan of the said cemetery as sites 
numbered fifty-four, fifty-five, fifty-six, fifty-seven, fifty-eight, fifty-nine, sixty, 
sixty-one. sixty-two, sixty-three, sixty-four, and sixty-five, in ranges No. 61 and 
G2 ; "transferable by the said United States, or their attorney, or assigns, on the 
transfer book of the said cemetery : subject nevertheless to all rules which have 
been or may be made tor the government thereof. 

In testimony whereof, the vestry of Washington ])arish have caused me to issue 
these ])resonts and hereunto to afiix their common seal this twelfth day of 
November, in the year of our Lord one thousand eight hundred and fifty-six. 

John P. Ingle, Register. 



24 HISTORY OF THE CONGRESSIONAL CEMETERY. 

These i)uri;il sites are given iu exchange for sites No. 165, 106, 167. 16S, 160, 
and 170 in ranges No. 54, 55. 56. and 57 in the same cemetery. 

John P. Ingle, Register. 

March 8, 1857 (11 Stat. L., 226), $2,200 was appropriated for flag- 
ging the footway in the cemetery from the receiving vaidt to the 
cemetery entrance. The item reads as follows: 

For flagging footway in tlie Congressional burying ground from tlie entrance 
of the same to tiie (iovernuicnt vault, $2,200. 

Of this $2,200 appropriation $111.70 was nnexpended that year and 
turned back into the surphis fund. Later, June 11, 1858 (11 Stat. L., 
325), this small ^um was ordered to be exjiended in completion of the 
work. The statute reads as follows: 

Sec. 2. Be it furthrr cjiacted. That the balance of the aijpropriation of $2,000 
"for flagging footway in the Congressional l)urying ground frnm the entrance of 
same to the (lovernment vault," per ac-t apiiroved March '^. 1857. be a]»plied in 
extending the flagging the whole length of the avenue, as was originally, in- 
tended. 

The records of the commissioner of public buildings show that the 
expenditures above referred to were made under the direction of the 
conmiissioner. 

INIeanwhile the committee appointed to secure plans and estimates 
for erecting the iron fence had delayed the matter, in the hope of 
securing for a lower price a portion of an iron fence around the 
Capitol square that was to be removed. 

The act of March 3, 1857, which authorized the Secretary of the 
Interior to remove the fence provided that a part of it should be 
used to inclose Judiciary square, the balance to be used in inclosing 
such public grounds as the President might direct. March 16, 1857, 
Messrs. Henderson and Ingle, as a committee from the vestry of 
Christ Church, wrote to the commissioner of public buildings. Dr. 
Jno. B. Blake, to see if an order could not be made by the Presi- 
dent designating the Washington Parish Burial CTround as " public 
grounds " under the statute, and thus enable them to acquire the old 
fence, to be used in connection Avith the new fence to be purchased 
with the ai^propriation of 1856. 

A copy of the letter is as follows: 

W.\SHINGTON. Mdirll 11). /,S'.>7. 

Dear Suj : Y(m are aware that in August. 1S56, an n])i>r(ipriati')n of $5,000 was 
made by Congress for the purchase of burial sites in the Congressional Cemetery, 
upon the condition that the same be expended in the consti'uction of an iron 
fence on the north front of said cemetevv. 

No stei)s were ta.lvon last year toward the construction of tlic fence. In'cause 
it was sui)])osed that tlie one ai-ound the Capitol scin-ire. or a jtart of it. would be 
taken down this suniiner and sold, in whicli event v.'e expected to ])urchase 
enough of it at a moderate itrice. so that the api)roi>riation made, with some other 
means in hand, would enable us to rebuild it at tlie cemetery. 

An act passed at the session of Congress just closed authorizes the Secretary 
of the Interifir to ajiply so much of this old fence as may be necessary to the 
inclosing of the .Judiciary sipiare. and tlie balance of it is to be used in inclosing 
such of the iiublic grounds as the President may direct. 

The length of the fence av<mnd the Capitol sipiare is oxev 8,000 feet, and the 
quantity necessary to surround the .Tudici.-iry stpiare is less than 4,000 feet. 
The whole front of the ceiiu^tery is about 1.200 feet. 

Our object in presenting these facts to yim is to ask whether this cemetery 
may be regarded as jiublic grounds, to which the President may grant a part of 
the old fence, and if so, that you would please to ask the President for authority 
to apply so much as may be necessary for the front of it. It is true that the 



HISTORY OF THE CONGRESSIONAL CEMETERY. 25 

whole of this ground does not helong to the United States, but they own a 
hirge part of it and many expensive monuments on it. 

The front fence of tlie cemetery is to be of iron, the other sides are to be of 
bricli walls, for which no aid will be asked of the Government. 

No money has been provided to meet the cost of transferring the old fence to 
the Judiciary scjuare, or else\> here, and if that portion which is now being 
taken down is not safely stored it will be stolen and lost. 

If we are obliged to make an entire new fence all our means will not enable 
us to complete it fur some time, but if it shall be the pleasure of the President 
to transfer enough of the old for the object contemplated we can immediately 
make it a complete work. 

With great respect, your obedient servants, 

W. A. Henderson. 



John P. Ingle, 

Comniittce. 



Dr. John B. Blake. 

Comiiiifisioner of Public Buihliitfjs. 



(The section of the statute of JNturch 3, 1857, referred to in the 
above letter is as follows:) 

Sec. 6. Aixf he it further enacted. That it shall not be lawful for the Secre- 
tary of the Interior, in executing the improvements around the Capitol ordered 
in this or in any otlier act. to sell either the railing, coping, or rubble stone now 
in use on the Capitol grounds, but shall, when they are superseded, use so much 
thereof as may be necessai\v in inclosing Judiciary square, and the remainder 
shall be used in inclosing such public grounds as the President may direct. 

March 18, 1857, the commissioner of public buildings submitted the 
above request to the Secretary of the Interior, setting forth the nature 
of the Congressional Cemetery and the interest the Government had 
therein, and recommending the disposal of the old fence in case the 
President should not feel warranted in granting the request of the 
vestry committee. A copy of the commissioner's letter is as follows: 

Office of the Commissioner of Public Buildings, 

March IS. 18r,7. 

Sir: I resi)ectfully submit for your consideratioJi the accompanying letter 
from General Henderson and John P. Ingle, esq., the committee in charge of the 
Congressional Cemetery, requesting me to ask the President to authorize the 
appro])riation of so nuicli of the iron railing around the Capitol as may be nec- 
essary for the front inclosiu'e of the cemetery to that ol)ject. 

The cemetery belongs to Christ Church, but the Government has a large 
interest in it. Besides upward of a hundred monuments erected to the mem- 
ory of members of Congress and the qublic vault, the Government owns 500 
grave sites, which I recently purchased in pursuance of instructions from the 
Department. In 1824 Congress made an appropriation to aid in the erection 
of a substantial wall around it, and at the last session appropriated $2,200 for 
paving the main avenue with tlagging from its commencement to the Congres- 
sional vault. The proi)erty the Government owns in the cemetery, and the 
interest it has evinced for its preservation and decent appearance. l)y various 
appropriations for improvements, would seem to authorize the suggestion of 
the connnittee that it ma.v be considered public ground within the meaning of 
the sixth section of the civil miscellaneous appropriation act approved .Sd of 
March last. 

Captain ]Meigs has commenced removing a part of the railing that incloses 
the Capitol grounds, with the view of enlarging the terraces about the new 
portions of the building. I am informed that it will be necessary to remove 
500 feet of the railing, and as I ha^'e no secure place to store it, I am appre- 
hensive that much, if not all of it, will be stolen before it can be brought into 
r quisition for the purposes designated in the section of the act to which I have 
referred. Should the President feel himself unauthorized to grant the request 



26 HISTORY OF THE CONGRESSIONAL CEMETERY. 

of the committee, I respectfully recommend the sale of the railing that is now 
to be taken down if it will not conflict with the disposition Congress has pros- 
pectively made of it, and I presume it will not, as the proceeds can at any time 
be applied to the accomplishment of those objects. 
Very respectfully, your obedient servant, 

Jno. B. Blake, Commissioner, 
Hon. Jacob Thompson, 

Secretary of the Interior. 

March 21, 1857, the Secretarj^ of the Interior denied the request of 
the cemetery authorities, stating that the title to the cemetery was 
not in the Government, and it could not therefore be regarded as 
public ground of the Government within the meaning of the act of 
March 3, 1857. A copy of the Secretary's decision is as follows: 

Department of the Interior, 

March 21, 1857. 

Sir : I have considered the request of General Henderson and Mr. Ingle, 
submitted in your letter of the 10th instant, to be allowed to use a portion of 
the iron fence about being removed from around the Capitol grounds in inclos- 
ing a part of the cemetery commonly known as the Congressional Burial 
Grounds, but do not feel authorized to comply therewith. The act passed on 
the 3d instant requires that so much of that fence as may be necessary shall, 
when superseded, be used " in inclosing Judiciary square," and that " the re- 
mainder shall be used in inclosing such of the public grounds as the President 
may direct." The cemetery (the title to which is not in the Government) can 
not be regarded as "public grounds" within the meaning of the act, and if it 
were otherwise the fence could not properly be appropriated to that object 
until after the reservation specially named had been inclosed as contemplated 
by Congress. 

Your proposition to sell the fence can not be entertained. The prohibition 
contained in the act is in express terms, and forbids that disposition of it. 

It is my desire that in this, as in all other matters coming under the super- 
vision of this Department, the will of Congress shall be strictly carried out, 
and with this view you will see that the materials referred to in your letter 
be properly secured and carefully preserved until they can be legitimately 
applied to the purposes for which they were intended. 
I am, sir, very respectfully, 

J. Thompson, Secretary. 

Dr. Jno. B. Blake, 

Commissioner of Public Buildings. 

March 30, 1857, the erection of a new fence was authorized, aa 
shown by the following record of the vestry meeting : 

[Record No. 1, March 30, 1857.] 

The vestry met this day according to notice. Present: The rector and all 
the members of the vestry except Doctor McKim. 

The committee authorized on the 25th of August last to procure plans and 
estimates of the cost of constructing an iron fence on the north front of the 
Washington Cemetery made a verbal report recommending such a fence as 
that now around the Capitol square and estimating the cost thereof at about 
$6.50 per foot. The said committee were authorized to have such a fence put 
up, except that the coping shall be of granite instead of sandstone if prac- 
ticable. It was stated that about $100 had been subscribed for the pur- 
pose * * * , 

Adjourned. 

John P. Ingle. Register. 

February 20, 1858, the commissioner of public buildings reported 
to the Secretary of the Interior the completion of the fence, and asked 
for the Secretary's approval of the voucher for its cost. The com- 
missioner's letter is as follows : 



HISTORY OF THE CONGRESSIONAL CEMETERY. 27 

Office of the Commisstoxer of Public BxnLoiNGs, 

February 26, 1858. 
Sir : The Comptrollei" of the Treasury requires your written npproval on the 
within voucher before he will allow it to pass to my credit. 

Your predecessor, in November, 1856, directed me to purchase the 500 burial 
lots, and to pay for the same according to the terms of the proviso to the 
appi'opriation. I have acted in compliance with his direction. 
Very respectfully, your obedient servant, 

Jno. B. Blake, Commissioner. 
Hon. Jacob Thompson, 

Secretary of the Interior. 

(The iron fence has been finished and is substantial as well as ornamental. — 
J. B. B.) 

Earlier in 1858 the register had bought the portion of reservation 
No. 13 available under the statute of July 25, 1818, and the subse- 
quent decision of the ^Var and Navy Departments, allowing 2-| acres 
of said reservation to be disposed of. This tract on the east was added 
to the burial grounds, giving them three adjacent squares from Sev- 
enteenth east to Twentieth between E and G streets, and square 1116 
between G and H a]id Eighteenth and Nineteenth. Numerous other 
purchases had been made by Mr. Ingle of lots located in various 
squares near by, all for the ultimate purpose of adding ground to the 
cemetery. Under the statutes at that time, however, the vestry au- 
thorities were required to own all of a square before it could be made 
a part of the cemetery. The cemetery had bought lots in the follow- 
ing squares, the location of which squares is as follows : 

1105. which joined square 1104 on the south. 

1106, which joined square 1105 on the south. 
1117, which joined square 1116 ou the south. 
112.3, which joined square 1116 on the east. 
1130, which joined square 1123 ou the east. 

1148, which joined square 1130 on the east. 

1149, which joined square 1148 on the east. 

The consent of the Government was necessary to use certain streets 
desired to be inclosed, and a committee had been appointed — 

to prepare and present to Congress a memori:!l asking that authority be given 
to the vestry of Washington parish to take bold and enclose, with the consent 
of the corporation of Washington, such parts of the streets and open spaces as 
may be necessary in order to the extension of the Washington cemetery as 
far south as the north side of Water street, and also to ask for such other 
powers and pi'otection as the said eonuuittee should deem necessary. 

General Henderson and John P. Ingle were appointed as this com- 
mittee. In the spring of 1858 they presented the matter to Congress 
and secured legislation allowing the proposed extension to Water 
street, a street on which the following above-named squares abutted 
on the south: 1106 and HIT. and which street joined H at Nine- 
teenth. (See plat herewith.) 

On May 18, 1858, Congress passed an act under the terms of which 
the vestry of Washington parish was authorized with the consent of 
the corporation of the city of Washington to inclose and use forever 
Eighteenth and Nineteenth streets between G and Water, and G and 
H streets between Seventeenth and Twentieth, all southeast, provid- 
ing, however that these portions of streets should not be sold for any 
purpose, but that the United States should retain them for the inter- 
ment of members of Congress or such officers of the Government as 
might die in AVashiuffton. 



28 HISTORY OF THE CONGRESSIONAL CEMETERY. 

The act of May 18. 1858, reads as follows: 

[11 Stat. L., 289.] 

AN ACT To authorize the vestry of Washington parish to take and enclose certain parts 
of streets in the city of Washington, for the purpose of extending the Washington ceme- 
tery, and for otlier "puriioses. 

Be it ciKictciI. etc.. That the vestry of Wasliiiigtuu parisli shall he. and are 
hereby, authorized, with the consent of the corporation of the City of Washing- 
ton, to take, enclose, and use forever those ])arts of Eighteenth and Nineteenth 
streets east, which lie between the north side of G street south and tlie north 
side of Water street; and also tiiose parts of south G and south H streets 
which lie between Seventeenth and Twentieth streets east, for the purpose of 
enlarging the Washington cemetery : Provided, That the power hereby conferred 
shall not be exercised as regards snch particular portion of either of the afore- 
said streets as may pass in front r.i .any lot of ground not owned by the said 
vestry, until the said ^estry shall become the owners of such lot of ground: 
And provided further, That the said vestry shall not sell for any purpose what- 
ever an,\- of the aforesaid parts of streets, but the United States shall retain 
and hold such parts thereof as may be laid oiit for burial purposes for the inter- 
ment of Members of Congress or such ofiicers of the Government as may die in 
Washington. 

Sec. 2. And be it further enaeled. That no canal, railroad, street, or other 
alley shall ever be laid out or opened into or thnjugh the Washington cemetery, 
except such avenues or walks as ni.ay lie laid out by the vestry of Washington 
parish for the use and purposes of the said cemetery. 

Sec. o. And he it fniilier enacted . That the Washington Cemetery shall be 
forever free from taxation. 

The Congressional Globe of May 15, 1858, contains the following 
with reference to the passage of the act of May 18, 1858 : 

r Congressional Globe, 1st sess., .S5th Cong., p. 2163.] 

In the Senate. 

The Senate, as a connnittee of the whole. i)roceeded to consider the bill (H. 
R. No. 542) to authorize the vestry of Washington parish to take and enclose 
certain parts of streets in AVashington City for the purpose of extending the 
\A'ashington Cemetery, and for other i)ur]ioses. 

Mr. Bkown (Albert G., Senator from ^lississippi ). The title of the bill is a 
little unfortunate: but the vestry of Wasb.ington i)arisb really have the juris- 
diction of the Congressional burying ground. We call it the Congressional bury- 
ing ground, but the conlrol over it is in the vestry of Washington i»nrisb. There 
are certain little short streets lying back of it. running down to the water, on 
which noltody travels, or ever will travel, if they remain a thousand years. I 
do not sui)pose they would ever be (ii)ened ui> : and the vestry pro])ose to ttu'u 
them into the Congressional burying ground. They never have been oi)ened, 
and never will be, and never can be. on account of tlie situation of the grounds. 
They have no right to enclose them without our consent. What they ask is to 
run the Congressional Imrying ground down to the water. There is a little neck 
between the Congressional burying gi-ound and the East Branch of the Potomac 
which they pi-opose to take ; and they reserve to you the exclusive right to l)ury 
Members of Congress, or any officials who may haj^pen to die. They will bury 
any of you there. (Laughter.) 

The bill was reporteci to the Senate without amendment, ordered to a third 
reading, read the third time, and passed. 

The President (James P>ncbanan) signed the bill May 18. 

By the act of -Tjily 25. 1848, the cemetery authorities Avere allowed 
to " enclose, possess, and occupy so much of any street or streets 
as might pass hetween the original plot of square No. 1115 and any 
other whole square of ground of which the vestry might become the 
possessor," and under the provisions of this act G street, between 
Eighteenth and Nineteenth 8E., had been so occupied, platted, and 
used for cemetery purposes for nearly ten years. 



HISTORY OF THE CONGRESSIONAL CEMETERY. 29 

Through some oversight, doubtless, the act of May 18, 1858, failed 
to make an exception of this portion of G street, when the reserva- 
tions of streets to the United States were named, for the streets thus 
reserved are Eighteenth and Nineteenth, from G to AVater, and G and 
H streets from Seventeenth to Twentieth. 

The vestry agreed to the conditions imposed in this statute at a 
meeting held ]May 25, 1858. The committee also reported that an 
act had been passed by the city of AVashington giving the cons'ent 
desired for inclosing streets. The following is a record of the meet- 
ing : 

[Record No. 1, May 25, 1858.] 

A special meeting of the vestry was held this day, due notice of which was 
given to all the members thereof. Quorum present. 

The committee appointed on the 11th day of January last to apply to Congress 
for authority to enclose certain ])arts of the streets in the city of Washington in 
order that the Washington Cemetery may be extended, presented a copy of an 
act of Congress in relation thereto, viz: 

[Act of May 18. 1858, set forth in full.] 

It was thereupon resolved that the vestry does hereby accept the aforesaid 
act of Congress with its conditions. * * * 

The committee ;i!so reported to the vestry that an act had been passed by the 
boards of aldermen and common council of the cit.\- of Washington, giving the 
consent of the corporation of the said city to the enclosing of the parts of streets 
as required by the tirst section of the aforesaid act of Congress ; but that the bill 
had not yet received tlie ai)proval of tlie mayor of Washington. 

The following is a copy of the act passed by the corporation of the 
city of Washington allowing the use of certain .streets to the cemetery, 
which was approved by the mayor INIay 27, 1858. to wit: 

AN ACT giving the consent of the corporation of the city of Washington to the enclosing 
and use of certain parts of streets for the extension of the Washington Cemetery. 

Whereas by an act of Congress ap])roved on the 18th day of May, 1858, 
authority is given to the vestry of Washington parish, uiton certain conditions 
and " with the consent of the corporation of the city of Washington, to take, 
enclose, and use forever those parts of Eighteenth and Nineteenth streets east 
which lie between the north side of G street south of the north side of Water 
street, and also those parts of south G and south H streets which lie between 
Seventeenth and Twentieth streets east, for the purpose of enlarging the Wash- 
ington Cemeter,^' : " Therefore, 

Be it enacted, etc.. That the consent of the corporation of the city of Wash- 
ington be, and is hereliy, given for the ^■estry of Washington parish to take, 
enclose, and use forever all the before-mentioned parts of streets upon the 
conditions and for the u.se mentioned in the aforesaid act of Congress. 

An examination of the plat shows that under the terms of the act of 
Congress and the above act of the corporation of the city of Washing- 
ton, the cemetery authorities could inclose the following squares and 
streets running between them, to Avit: Squares 1104, 1105, 1106 1115, 
lll('), 1117, 1123, and a portion of reservation Xo. 13. These squares 
Avere aded to the cemetery thereafter whenever any one of the whole 
squares became the property of the A'estry. Square 1105 Avas ordered 
to be added June 8, 1858, and the others quickly folloAved. 

In the year 1861 the GoA'ernment bouglii 50 sites in the Congres- 
sional cemetery for the purpose of burying therein the remains of 
deceased soldiers. At that time there were a number of soldiers in 
the various hospitals of Washington who had been brought here by 
order of the War Department. In Jinie of 1861 Gen. D. H. Rucker, 
U. S. Army, then depot quartermaster at Washington, made a verbal 
ao-reement with one J. AV. Plant, a local undertaker, to furnish the 



30 HISTORY OF THE CONGRESSIONAL CEMETERY. 

grave and coffin and to bury soldiers dying in the different hospitals. 
Under this arrangement Mr. Plant purchased from the vestry of 
Christ Church 42 burial sites and 8 others were purchased for the 
Govermnent by the quartermaster direct, and the bodies of deceased 
soldiers interred therein. Twelve or more sites were also purchased 
in the vicinity of those secured by the Government and the remains 
of deceased soldiers interred therein at the instance of friends of the 
deceased. 

In April, 18()8, the remains of 4() of the soldiers were removed by 
the Government to the Arlington National Cemetery, and others 
were taken elscAvhere by friends. The ground vacated measured 
(according to the records of the War Department) 02 sites, only 50 
of which were paid for by the tJovernment. As appears hereinafter, 
the War Department relinquished to the cemetery all claim of the 
United States to the sites thus vacated. 

In 18()!) the cemetery authorities desired to make certain improve- 
ments in the southeast part of the grounds. That portion lying 
east of Nineteenth street and south of G was low and at times 
covered with water, and to obviate this the cemetery authorities 
wanted to fill the low ground and grade the streets. An appropri- 
ation was secured Mai'cTi 3, 1869, of $3,000. (Stat. L., 309.) 

For care, improvement, and repair of the Congressional Burying Grounds, to 
be expended under the direction of the wardens and vestry of Chrict Church, 
Washington City. 

A committee composed of W. E. Eoberts and Charles Hulse, mem- 
bers of the vestry of Christ Church, obtained the sum thus appro- 
priated, and it was expended in filling the Ioav places in the south- 
east portion of the cemetery, in grading the streets, cutting trees, and 
making other minor improvements. The money was spent, however, 
before the desired improvements were completed, and Messrs. 
Roberts and Hulse at once set about securing additional funds from 
Congress for completing the work. 

Meanwhile the cemetery authorities wished to repurchase the sites 
in which the bodies of soldiers had been buried. The sites were in a 
desirable location, being in about the center of square 1104— the 
northwest square in the cemetery. August 14, 1871, steps were taken 
at a meeting of the vestry to try and secure these sites from the War 
Department. The vestry record in reference thereto is as follows: 

The resiistcr was ordered to write to the honorable Secretary of War to 
ascertain whether tlie United States Government will sell to this vestry at the 
price puri'liased by it the 04 grave sites owned by the Government in ranges 
68, 69. 70, and 71.' (Vestry record No. 2, August 14, 1871.) 

In accordance with this order the register, Mr. E. B. Bury, wrote 
to the Secretary of War on August 28, stating that the cemetery 
would like to buy the sites at the price paid therefor by the Gov- 
ernment. 

Reply to this letter was made October 6, 1871, when the War 
Department in its letter relinquished to the cemetery the sites in 
question. The vesti-y proceedings in relation to this matter are as 
follows : 



HISTORY OF THE CONGRESSIONAL CEMETERY. 31 

[Vestry record No. 2, October 9, 1871.] 

The register read the following letter from the Secretary of War which was 
ordered to be I'ecorded and a vote of thanlis tendered to tlie Hon. William 
Belknap, Secretarj of War, for his generous donation. It is as follows, to wit : 

War D?:partment. 
WdsJiinf/toii City, October 6, 187J. 
E. B. Busy, Esq., 

Register Ciiri.'^t Church, 

Washington, D. C, 300 L street, ,SE. 
Sir : In reply to your communication of August 28, 1871, I am directed by the 
Secretary of War to inform you that the United States relinciuish in favor of 
your church all claim, or title, to 02 vacant grave sites, formerly obtained from 
said church and used for the interment of deceased soldiers, whose remains 
have since been removed. 

I am, sir, yours, respectlully, Oscar A. Mack, 

Major and Brevet Colonel, U. *Sf. Arniii. 

The Government ha.s made no other purchase of site,s in the ceme- 
ter}^ since the date of the transaction above set forth. Since 1856 the 
Government had been the owner of 924 sites, and the above transfer 
left 924 sites in the cemetery the property of the Government. The 
following table shows the complete record of Government sites 
acquired, to wit : 

Sites acquired by TUiited States Government in the Washington Parish 
Burial Ground ("Congressional Cemetery," so called) by donation and pur- 
chase, as shown by the vestry records of Christ Church (proprietor of the 
cemetery), by the cemetery register, and by the records in the oflice of public 
buildings and grounds, Washington. D. C, to wit : 
By donation of vestry to United States, April 15, 1816 (see item No. 1 

below) 100 

By donation of vestry to United States, December 15, 1823 (see item No. 2 

below) 300 

By exchange of sites from one range to another, November 9, 1856 (see item 

No. 3 below) 24 

By purchase of Interior Department. November 12, 1856 (see item No. 4 

below) 500 

924 

(Note. — According to the vestry records, 64 sites were purchased in 1861 by 

the War Department for the interment of soldiers. Their bodies were removed 

in 1868, and the Government relinquished its claim to the vacant sites by letter 

of the War Department, October 6, 1871. (See item No. 5 below.) 

Item No. 1. 100 sites bv donation of vestrv, April 15, 1816: 

Sites. 

Range F east or 29, Nos. 16 to 51 36 

Range G east or 30, Nos. 21 to 51 31 

Range H east or 31, Nos. 19 to 51 33 

100 
Item No. 2. .300 sites by donation of vestry December 15, 1823 : 

Sites. 

Range A east or 24, Nos. 1 to 4, inclusive 4 

Range B east or 25, Nos. 1 to 8, inclusive 8 

Range F east or 29, Nos. 9 to 15, inclusive 7 

Range F east or 29, Nos. 52 to 74, inclusive 23 

Range G east or 30, Nos. 9 to 17, inclusive 9 

Range G east or 30, Nos. 52 to 74. inclusive 23 

Range H east or 31, Nos. 6 to 8, inclusive 3 

Range H east or 31, Nos. 52 to 74, inclusive ^ 23 

Range A west or 57, Nos. 103 to 152, inclusive 50 

Range B west or 56, Nos. 103 to 152, inclusive 50 

Range C west or .55, Nos. 103 to 152, inclusive .50 

Range D west or 54, Nos. 103 to 152, inclusive 50 

300 



32 HISTORY OF THE CONGRESSIOXAL CEMETERY. 

Item No. 'A. 24 sites by exchange November 0. 1S5() : 

Sites. 

Range 61, Nos. 54 to 65, inclusive 12 

Range 62, Nos. 54 to 65, inclusive 12. 

24 
Item No. 4. 500 sites by purchase November 12, 1856: 

Sites. 

Range 58, Nos. 81 to 98 and 101 to 152, inclusive 120 

Range .5!), Nos. .SI to 98 and 101 to 152. inclusive 120 

Range 60, Nos. 31 to 98 and 101 to 152, inclusive 120 

Range 61, Nos. 66 to 98 and 116 to 1.52, inclusive 70 

Range 62, Nos. 60 to 98 and 116 to 152, inclusive 70 

500 

Item No. 5. About 64 by purchase of War Department in 1861, which were 
relinquished by the War Department to the vestrv of Christ Church, October 
6, 1871 : 

Sites. 

Range 68. Nos. 71 to SO 10 

Range 69, Nos. 68 to 82 15 

Range 70, Nos. 64 to 82 19 

Range 71, Nos. 63 to 82 20 

64 

May 18, 1872. as a result of the efforts of Messrs. Roberts and Hiilso. 
the committee appointed to secure more funds from the United States. 
Congress appropriated $3,000, as shown bv the following statute (17 
Stat. L., 131) : 

For the repair and improvement of the Congressional Cemetery, to be expended 
under the direction of the warden and vestry of Washington parish, District of 
Columbiii, .$3,000. 

This appropriation was placed in the United States Treasury at 
the disposal of the vestry, and the Secretary of the Interior ap- 
pointed Mr. Wm. E. Hutchinson as disbursing agent therefor. Under 
his direction the fund Avas used in grading a part of H street, filling 
some low ground, and in making other minor betterments. Follow- 
ing the disbursement of the fund Mr. Hutchinson's were balanced 
and closed by the Comptroller of the Currency. E. W. Taylor, as 
shown by the following letter : 

Treasury Department. 
W(iKltin<jt(tn, D. C. Janitaiij 2Jf, 1873. 
Sir : Your account of disbiu'sements for the repairs and improvements of the 
grounds of the Congressional Cemetery has been adjusted as per report of the 
First Auditor, No. 187374 balanced and closed . 

Very respectfully, R. W. Taylor, Comptroller. 

Wm. E. Hutchinson, Esq., 

Disbursing Agent for the Repairs and Improvement of the 

Congressional Cemetery, Washington, D. C. 

Only one more appropriation was ever made by Congress directly 
for the benefit of the Congressional Cemetery. The appropri:ition 
was made March 3. 1873 (17 Stat. L., 541)', for $2,000 and is a« 
follows : 

For repairs and improvement of the Congressional Cemetery, to be expended 
under the direction of and on vouchers to be approved by the officer in charge 
of public buildings and grounds of the District of Columbia, $2,000. 

Concerning the expenditures thus authorized the reports of the 
officer in charge of public buildings and grounds for the years 1873 
and 1874 contain the following statements : 



HISTORY OF THE CONGRESSIONAL CEMETERY. 33 

Congressional Conctenj. — An appropriation of $2,000 was made at the late 
session of Congress for improvement of tlie cemetery, to be expended under tlie 
direction of this office. Accordingly a force was set at work in June widening 
and grading a portion of H street southeast, included in this cemetery. The 
work was not entirely finished at the close of the fiscal year. (Annual report 
fiscal year ending June 30, 1873, p. 12.) 

Conf/rcssional Ceinetoij. — No work has been done in this cemetery since my 
last annual report except to grade and sod the slope of H street, which was 
widened last year. This was found necessary to prevent the grade from being 
destroyed by rains. The amount appropriated for the cemetery was thus 
exhausted. (Annual report for fiscal year ending June 30, 1874, p. 8.) 

For some years prior to the final appropriation by Congress for the 
cemetery in 1873, negotiations had been pending for the purchase of 
the three squares lying between G and H streets, east of Twentieth 
street, being numbers 1130, 1148, and 1149. Part of the lots therein 
had been purchased from the Government by Mr. Ingle in 1859, and a 
committee of the vestry later had charge of the purchase of the other 
lots therein. About the year 1875, the east boundary of the cemetery 
was extended so as to include squares 1130, 1148, and a portion of the 
west half of square 1149, thus completing the addition of ground 
which brought the cemetery up to its present size. Squares 1148 and 
1149 are low and undesirable for burial purposes, and hence have but 
few interments therein. 

The following is a brief epitomization of the manner in which the 
Government appropriations for the benefit of the Congressional 
Cemetery w^ere expended, viz : 

For brick wall .$2,000.00 

For keeper's house and planting trees 1,500.00 

For receiving vault and rail 2,793.89 

For rebuilding wall 1, 96G. 00 

For repairs to roads 2,600.00 

For general repair and improvements 8,000.00 

For iron fence (in exchange for sites) 5,000.00 

For flagging road to vault 2,088.30 

Total net expenditvu-es 25,948.19 

The following is a list of references in the Statutes at Large to the 
various acts by which appropriations were made, and extensions au- 
thorized, viz : 



Date. 



May 4, 1824 

May31,18S2.... 

July 14, 1832 . . . . 

Do 

March 2, 1833 . . . 

June 30,1834 ... 

Do 

March 3,1835... 
Abgust 10, 1846 
Do 

July 25,1848.... 
August 18,1856. 
March 3,18.57... 
May 18, 1858 . . . . 
June 12,1858.... 
March 3,1869... 
May 18, 1872 . . . . 
March 3,1873... 



Vol. 



Page. 



6 


294 


4 


520 


4 


580 


4 


581 


4 


650 


4 


722 


4 


722 


4 


770 


9 


93 


9 


93 


9 


250 


11 


88 


11 


226 


11 


289 


11 


325 


15 


.309 


17 


131 


17 


540 



S. Doc. 72, 59-2- 



34 HISTORY OF THE CONGRESSIONAL CEMETERY. 

Of the reservations of streets for the use of the Government made 
under the statute of May 18, 1858 — to wit: G and H streets from 
Seventeenth to Twentieth and Eighteenth and Nineteenth streets 
between G and Water — the above portions of streets enclosed within 
the cemetery have been reserved for the use of the Government, and 
have been kept sodded and trimmed, with the exception of G street 
betAveen Eigliteenth and Nineteenth ; this portion of (j street was 
occupied by the cemetery and sold for burial sites under authority 
of the statute passed July 25, 1848. On H street between Eighteenth 
and Nineteenth, however, there is an encroachment upon the street 
by a row of vaults built along the north side of the street. 

Part II. 

GOVERNMENT INTERMENTS AND MONUMENTS IN THE CONGRESSIONAL 

CEMETERY. 

According to the register of burials kept by the superintendent 
of the Congressional Cemetery, there have been 109 interments 
therein by order or permission of the Government. Fourteen bodies 
have been removed since interment. Monuments were erected over 
100 of these graves, of which one has since been removed. For one 
Congressman, James Gillespie, of North Carolina, there are two 
monuments, one at his grave and another among the cenotaphs in a 
different part of the cemetery. Hence there are now in the Con- 
gressional Cemetery on Government ground 86 monuments above the 
remains of persons interred therein, 1 extra monument for Congress- 
man Gillespie, and 13 monuments from beneath which the bodies 
have been removed. 

In addition to the above monuments 85 cenotaphs have been erected 
in the Congressional Cemetery in memory of deceased Senators and 
Re]3resentatives whose remains are interred elsewhere, making a total 
of 185 monuments at the present time. One of the cenotaphs is 
unmarked. 

An account will first be given of the interments and accompanying 
monuments, and second of cenotaphs for persons interred elsewhere. 

First. Interments and accompanying monuments: 

The cemetery register shows that of the 101) interments in (irovern- 
ment ground iii the Congressional Cemetery (58 were Representatives, 
16 were Senators, and 25 were persons occupying other positions in 
public life, as follows : Two Vice-Presidents of the United States, 1 
Secretary of War, 1 Secretary of State, 1 Associate Justice of the 
United States Supreme Court, 1 secretary to the President (Tobias 
Lear, secretary to President Washington), 1 Secretary of the Senate, 
1 Territorial Delegate, 10 army officers, 3 navy officers, 1 foreign 
minister from Prussia, 1 Choctaw Chief called Push ma ta ha, 1 
Catharine Bressone, wife of a member of the French legation in 1824, 
and an unknown page in the House. 

Of the 14 removals, 9 were bodies of representatives, 3 were of 
Senators, 1 Secretary of War, and 1 army officer. 

In every instance Jjut one the monmnents were not disturbed. The 
exception' was for that of Secretary of War General Rawlins, whose 
remains and monument were taken from the Congressional Cemetery 



HISTORY OF THE CONGRESSIOISrAL CEMETERY, 35 

and placed in Arlington Cemetery. The complete list of interments 
and removals is given hereinafter. 

The dimensions and general appearance of the monuments erected 
to deceased Senators and Representatives are unusual, and the monu- 
ments have always been objects of peculiar interest on that account. 
They are uniform in size, shape, and material. They are fashioned 
from sandstone on a broad base about 6 feet square, upon which is 
placed a square block about 3 feet high, surmounted by a cone-shaped 
top reaching to a height of about 5 feet above the ground. They are 
placed together at regular intervals in rows in the cemetery. With 
a few exceptions, each monument bears the following form of in- 
scription : 

The Honorable , a Member of the Congress of the United States from 

the State of , (or in case of a Senator it reads " a Senator of the United 

States from the State of "). Born. . Died. ^ . 

The space occupied by each monument in some instances is two 
burial sites, in others three, depending upon how" closely together 
the monuments were placed. 

Just who selected the form of these monuments is not known, but 
from the time of the first interment and erection of monument by the 
Government in 1807 (for Senator Uriah Tracy, of Connecticut) up 
to the year 187G the pattern above described was followed for each 
stone put in place. No change in the form seems to have been sug- 
gested until the passage of the act in 1876, which abolished the cus- 
tom of erecting cenotaphs. The late Senator Hoar, of Massachusetts, 
then a member of the House, asked that the bill be amended to strike 
out the provision requiring all monuments thereafter to be erected to 
be in the form of cenotaph theretofore provided. In support of his 
proposed amendment, Mr, Hoar said : 

I wish the gentleman having charge of this bill would allow an amendment 
to strike out the provision that all monuments hereafter to be erected shall be 
in the form of the cenotaph heretofore provided. It is certainly adding new- 
terrors to death to propose that in any contingency, whatever may be the pov- 
erty or degradation of any Member of Congress, his body should be put under 
a structure similar to the cenotaphs now there, which are only excusable on 
the ground that nobody is biu'ied under them. I can not conceive of an uglier 
shape to be made out of granite or marble than those cenotaphs now there. 
To propose gravely to require by law that for all time structures of that 
fashion shall be placed over deceased Congressmen seems to me a little too bad. 
I move to amend tlie bill by striking out the words " in the form of the ceno- 
taph heretofore provided." 

Representative Willard, who had introduced the bill, agreed to the 
amendment, saying: 

I do not know that I have any objection to this amendment. I suppose that 
the words which the gentleman proposes to strike out were put in the bill with 
the idea of making the new monuments correspond in shape with those 
already erected. 

The bill therefore passed allowing a different form of moniunent if 
desired. As the Government's use of the Congressional Cemetery 
had practically ceased by that time, however, only one or two monu- 
ments appear which differ from the original form adopted. 

All monuments erected for deceased Senators, buried in the Con- 
gressional Cemetery, were paid for from the contingent fund of the 



y 



36 HISTORY OF THE CONGRESSIONAL CEMETERY. 

Senate at the order of the Secretary of the Senate. xVll monuments 
erected for deceased Rei)resentatives, buried in the Congressional 
Cemetery, were paid for from the contingent fund of the House on 
the order of the Clerk of the House. 

Direct appropriations have been passed providing for the monu- 
ments to Vice-President Elbridge Gerry and Maj. Gen. Jacob Brown. 
The acts read as follows: 

For Elbridge Gerry, March 3, 1823 (3 Stat. L., 777) : 

AN ACT For the erection of a monument over the tomb of Elbridge Gerry, late Vice- 
I'resident of the United Stiites. 

lie it enacted, etc.. Tlaat the superintendent of public buildings be, and be is 
hereby, directed to cause to be erected, in the burial grounds of the city of 
Washington, a neat and appropriate monument over the tomb of Elbridge Gerry, 
late Vice-President of the United States, who died at Washington November 
twenty-third, eighteen hundred and fourteen, with a suitable inscription on the 
same, stating the name, station, age, and tiine of death of the deceased. 
■ Sec. 2. Atid be it further enacted, That a sum not exceeding one thousand 
dollars be, and the same is hereb.v, appropriated for the payment of the cost 
thereof, from any monev hi the Treasury not otherwise a]>propriated. 

Approved March 3, 1823. 

For Maj. Gen. Jacob Brown, June 30, 1834 (4 Stat. L., 722) : 

AN ACT Making appropriations for the public buildings and grounds, and for other 

purposes. 

******* 

For erecting a monument over the remains of the late Major-General .Jacob 
Brown, one thousjxud dollars; the work to be done under the direction of the 

Secretary of War. 

* * * * * * * 

The monuments for the remainder of those officials, not Senators 
or Representatives, were provided for in some instances by relatives 
of the deceased, in others by friends or associates. Others may have 
been provided for by the Government in general appropriations, 
though reference to the items of appropriation is not readily accessi- 
ble, because at the time the monuments were erected the statutes were 
not perfectly indexed. 

Funerals of deceased public men in nearly all cases were paid for 
from the same fund which provided the monument. An exception 
is noted in the case of the interments of Congressmen James Jackson 
and James Jones, both from the State of Georgia. They were first 
interred in the Rock Creek Cemetery and afterwards removed to the 
Congressioiuil Cemetery, under the provisions of an act of July 14, 
1832, passed for that })urpose. The appropriation is an item in the 
general appropriation bill (4 Stat. L., 580) and reads as follows: 

For defraying the expenses of removing from the burying ground of Rock 
Creek Church to the Congressional Cemetery the remains of James Jackson 
and James Jones, formerly Members of Congress from the State of Georgia, 
such sum as shall be requisite not exceeding five hundred dollars, to be expended 
under the direction of the Clerk of the House of Representatives. 



-r 



The names of the deceased Senators, Representatives, and other 
notables interred in the Congressional Cemetery in Government 
ground. State from which they come (if knoAvn), and date of death 
(if known), as shown by the register of the cemetery and inscrip- 
tions on the monuments, are as follows : 



f 



HISTOKY OF THE CONGRESSIONAL CEMETEEY. 

SENATORS. 



37 



Kame. 




Died. 



Uriah Tracy 

Francis Malbone 

James Biirnll, jr 

W. A. Trimble , 

William Piiikney , 

John Gaillard ..'. , 

.fames Xoble 

Nathan Smith a 

Elias K. Kane « , 

John Fairfield 

I. S. Pennybackerrt 

>s. F. liixon 

\Villiam Upham 

i^eraiiel J. Bowden 

J. Pinckney Henderson 

William N. Roach (no monument) . 



Gonne-'ticut 
Rhode Island. 

do. 
Ohio. 

Jtaryland 

South (Carolina . 

Indiana 

Ciinnecticut 

Illinois 

Maine 

Virginia 

Rhode Island... 

Vermont 

Virginia 

Texa.= 

Xoith Dakotar . . 



July 
June 
Dee. 
Dec. 
Feb. 
Feb. 
Feb. 
Dec. 
Dec. 
Dec. 
Jan. 
Jan. 
Jan. 
Jan. 
June 
Sept. 



19, 1807 
4, 1809 

25. 1820 

13. 1821 

25. 1822 
26, 1826 
26, 1831 

6, 1835 
11,1835 
24, 1847 
12, 1847 
29, 1842 
14, 1853 
2,1864 
4, 1858 
7, 1902 



REPRESENTATIVES. 



Ezra Darby 

Whitting (no monument). 

Thomas Blount 

Elijah BriKham 

Richard Sta-nford 

George Mumford 

David Walker 

J. II. I'nivian (no monument) ... 

Nathaiiid Hazard 

Jesse Slooum 

William L. Ball 

Christopher Rankin 

Alexander Smyth 

Jonathan Hunt « 

Charles C. Johnson 

George E. Mitchell 

James Jones 

Levi Casey 

Philip Dodridge 

jAmes Lenta 

John Smiley 

T. T. Bouldin a 

John Dawson 

Hodge Thompson 

T. D. Singleton 

T. J. C.irter 

Isaac McKim 

Nathan Cilley a 

Warren R. Davis 

Littleton P. Dennis 

James Blair 

Theodorick Bland 

George Holcomb 

Joab Lawler 

James Gillespie 

.leremiali McLene 

Richard Manning 

-alino:! Wild man (^i 

.T. W. Hornbeck 

R. P. Herriek" 

Henry Frick 

William Taylor 

Peter Bossier '< 

S. G. Wright 

Albert G. Harri.son 

las. W. Williams 

R. W. Habersham a 

Benjamin Thompson 

.\lexander H. Buel 

v'harles Andrews 

Francis J. Harper 

James A. Black 

Edward Bradley 

• Jeorge C, Dromgole 

Felix G. McConnell 

Tohn B. Dawson 

foseph H. Peyton 

Barker Burnell a 

William Lfiwndes 

William W. Potter 



New Jersey. 



Nortli Carolina. 
Massachusetts . . 
North Carolina. 

do 

Kentucky 



Rhode Island. .. 

North Carolina. 

Virginia 

Missis.sippi 

Virginia 

\ Vermont 

1 Virginia 

I Maryland 

j Georgia 

1 South Carolina . 

j Virginia 

I New York 

' Pennsylvania . . 

Virginia 

do 

i New Jersey 

Sontii Car(.>lina . 

j Maine 

i Maryland 

[ Maine 

South Carolina. 

Maryland 

South Carolina . 

Virginia 

New Jersey 

Alabama 

North Carolina. 

Ohio 

South Carolina . 

Conni-cticut 

Pennsylvania . . 

New York 

Pennsylvania . . 

Virginia 

Louisiana 

, New Jersey 

Mis.souri 

i Maryland 

Georgia 

Ma-tachu.setts . . 

New York 

Maine 

Pennsylvania . . 

.South Carolina . 

Jlichigan 

Virginia 

Alabama 

Louisiana 

Tennessee 

Mas.sachusetts.. 

South Carolina . 

Pennsylvania . . 



Jan. 28,1808 

Feb. 7, 1812 
Feb. 22,1816 
Apr. 9, 1816 
Dec. 31,1818 
Mar. 1,1820 



Dec. 
Dee. 
Feb. 
Mar. 
Apr. 
May 
June 
June 
Jan. 
Feb. 
Nov. 
Feb. 
Dec. 
Feb. 
Mar. 
July 
Dec. 
Mar. 
Apr. 
Feb. 
Jan. 
Apr. 
Apr. 



17,1820 
W, 1820 
29, 1824 
14, 1826 
17, 1830 
15, 1832 
— , 1832 
28, 1832 
11,1801 
3, 1807 

19. 1832 

22. 1833 
30, 1812 
11,1834 
31,1814 
23, 1828 
— , 1833 
14, 1838 

1,1838 
24, 1838 
— , 1835 

14. 1834 
1,1834 



Dec. 4, 
May 8, 
Jan. 10, 
Mar. 19, 
May 1, 
Dec. 10, 
Jan. 16, 
June 20, 
i Mar. 1, 
I Jan. 17, 
I Apr. 24, 
: Julv 30, 
Sept. 7, 
Dec. 2, 
Dec. 2, 
Sept. 24, 
Jan. 29, 
Apr. 30, 
Mar. — , 
Dec. — , 
Aug. 5, 
Apr. 28, 
Sept. 10, 
July — , 
Nov. — , 
June 15, 
Oct. 12, 
Oct. 29, 



1828 
1838 
1805 
1837 
1836 
1835 
1848 
1846 
1844 
1S46 
1844 
1845 
1839 
1842 
1842 
18,52 
1853 
1852 
1837 
1848 
1842 
1847 
1846 
1845 
1845 
1843 
1822 
1839 



a Removed. 



^ 



38 'HISTORY OF THE CONGRESSIONAL CEMETERY. 

REPRESENTATIVES— Continued. 



Name. 



State. 



W. A. Burwell ; Virginia Feb. 16, 1821 

Daniel Heister Maryland [ Mar. 8,1804 

Thomas Hartley Pennsylvania I Jan. 1,1801 

Herjry Black do | Nov. 28, 1841 

(Charles Ogle do 1 

Jo.-jeph Lawrence do 

James Gillespie (two monuments) North Carolina 

David S. Kauffman Texas 



Mav 16,1841 

Apr. 17,1842 

Jan. 10,1805 

Jan. 30,1851 



OFFICIALS OTHER THAN SENATORS AND REPRESENTATIVES. 



Nar.'^worthy Hunter, Territorial Delegate 

Unknown captain ( no monument) 

Do 

George Clinton, Vice-President 

Samuel A. Otis, Secretary of the Senate 

Elbridge Gerry, Vice-President 

Tobias Lear. Secretary to President Washington 

Captain Campbell 

Colonel Morrison 

Frederick Greuhm, Prussian minister 

Catharine Bresson, wife of secretary to French legation. 

Push ma ta ha, Choctaw Indian Chief 

Unknown page in the House 

Lieutenant Rose 

Maj. Gen. Jacob Brown 

Commodore Ridgely (no monument) 

Commodore Patterson 

Commodore Rodgers 

Judge Phillip Pendleton Barbour, Associate Justice U. S. 
Supreme Court. 

Abel P. Upshur, Secretary of State ab 

Captain Beverly Kennon a b 

Surgeon-General Lovell (no monument) 

Major-General McComb 

Major-General Gibson 

Gen. John A. Rawlins, Secretary of War under Grant" .. 



Mississippi 



New York . 



Massachusetts . 



South Carolina . 
Kentucky 



New York 



Mar. 11,1802 



Apr. 20, 
Apr. 22, 
Nov. 23, 
Oct. 11, 
Nov. 11, 
Apr. 23, 
Dec. 1, 
Jan. 28, 
Dec. 24, 

Nov. 22, 
Feb. 24, 

Aug. 25, 

Feb. 24, 

Feb. 28, 
Do. 

June 25, 
Sept. 30, 
Sept. — , 



1811 
1814 
1814 
1816 
1820 
1823 
1823 
1824 
1824 

1825 
1828 

1839 

1841 

1844 



1844 
1861 
1869 



a Removed. 

ft Upshur and Kennon were killed by the explosion of a gun on the ^vRvship Princeton: had been 
lifelong friends and were buried in the same grave, -t^ 

Second. As to cenotaphs erected in the Congressional Cemetery 
for persons whose remains are interred elsewhere: 

Up to about 1835 j^ractically every deceased R.epresentati^'e or 
Senator who died while holding office was buried in the Congres- 
sional Cemetery. Means of transportation were so limited and the 
cost of removing bodies so great that very few families of officials 
conveyed their remains away from Washington. Cradually, ho^v- 
ever, as facilities for transportation increased it became easier for 
relatives of deceased members to gratify their natural wish and bury 
their dead at their former homes. By 1855 interments in "Washing- 
ton of nonresident Government officials had practically ceased. 

Meanwhile there had grown up a custom of erecting in the Con- 
gressional Cemetery a cenotaph in memory of each Senator or Ivepre- 
sentative who died while holding office, notwithstanding the body 
was buried elsewhere. The cenotaphs are identical in form, size, and 
material with the moiuiments for deceased Members and Senators 
interred in the Congressional Cemetery, and bear the same form of 
inscription. No attempt has been made to keep them apart from 
monuments above graves, and reference to the register of burials 
is necessary to determine which are above bodies and Avhich are not. 
According to the register there are 85 of these cenotaphs — 74 of 
which are for Representatives and 10 for Senators. 



HISTORY OF THE CONGRESSIONAL CEMETERY. 39 

The origin of the custom in the Congressional Cemetery began 
with the erection of the monument to Hon. James Lent, a Hepresent- 
ative from the State of New York, w^ho died February 22, 1833. 
The monument was ordered on the occasion of his funeral, but was 
not actually erected for nearly one year thereafter. In accordance 
Avith the wishes of the family the remains of Mr. Lent were ordered 
to be removed to his former home in New" York, and at the same 
time his monument was put in place, the cost of the monument and 
exi^ense of removal of the body being paid for in the same item from 
the contingent fund of the House. 

In the following year other cenotaphs were erected for Members 
buried elsewhere, and March 3, 1839, the custom was formally recog- 
nized by the House when it passed the following resolution : 

Resolved, That the Clerk cause the usual monuments to be erected in the 
Congressional Burying Ground to the memory of such members of the House of 
Representatives as have died while members, and for whom monuments have 
been omitted to be erected, and on the occasion of whose death the usual reso- 
lutions of respect were passed by the House. 

Nine cenotaphs were erected under that resolution, and the voucher 
for their cost now on file in the Treasury Department names the 
resolution of March 3, 1839, as authority for the Auditor's approval. 
The expenditure was paid from the contingent fund the same as for 
monuments for those actually buried in the Congressional Cemetery, 
although as appears later the drain upon that fund was so heavy 
that the expense was finally met by direct appropriations. 

The custom thus established by the House was observed by the 
Senate whenever the death of a Senator occurred during his term of 
office, the cost being paid from the Senate contingent fund. The 
average cost of cenotaphs in place w^as about $115 each, the lovrest 
price paid being $75 and the highest $160. Mr. George Phillips 
was the contractor who erected the nine provided for in the original 
resolution of March 3, 1839, and the names of others Avho erected 
cenota])hs for deceased members from time to time are as follows: 

Griffith & O'Brien, Samuel Walker, J. P. Pepper, L. Steganini, 
Kelly & Rutherford, Hugh Lochrey, Peter McMoreland, William A. 
Griffith, William Daugherty, Joseph Kelley, Murphy & Wilson, and 
Richard Rothwell. Hugh Lochrey had charge of the erection of 
nearly all put in place from 1846 to 1860. He was employed also for 
erasing the name of Representative Barker Burnell from a monu- 
ment and inserting the name of Representative Samuel G. Wright. 
The erasure Avas made for the reason that at the time of the death of 
Mr. Burnell a monument Avas ordered for him by the then Clerk of 
the House, MatthcAv St. Claire Clark, and afterAvards a neAV Clerk of 
the House, Mr. B. B. French, being appointed, he also ordered a 
monument for JVIr. Burnell, being unaware of the preA^ious order. 
The extra monument Avas utilized by the erasure of the lettering, and 
put in place for Mr. Wright. 

From the passage of the resolution by the House in 1839 up to 
about 1861 all cenotaphs erected in the Congressional Cemetery in 
memory of deceased members Avere paid for from the contingent 
funds of the respective branches of Congress, and no incon\^enience 
Avas felt so far as the Senate Avas concerned in thus meeting the 
expense. The drain Avas so great, hoAvcA^er, on the miscellaneous 
item of the House contingent fund that scA'eral times the Clerk in his 
report had been obliged to ask for a deficiency appropriation. In 



40 HISTORY OF THE CONGRESSIONAI. CEMETERY. 

bis deficiency estimate for 1854 the Clerk of the House asked for 
S10,000 additional and stated that the estimate was made necessary 
because of the exjDense of providing for these monuments. The item 
reads as follows : 

For luiscellaneous items, ten thousand dollars. (Deficiency caused by the 
large number of unclassified expenses of the House thrown into this item. It 
is subject to drafts for all contingencies and sudden and unforeseen orders of 
the Iliiuse, such as expenses for funerals for members, monuments for deceased 
members, etc.) 

A similar deficiency appropriation of $10,000 was asked for again 
in 185G, and finally in 18G1 the Clerk of the House ceased altogether 
to provide cenotaphs for deceased members by payments from the 
House contingent fund. From 1861 to 1870 none was erected by 
cither the House or Senate. Not wishing to discontinue the custom 
at that time, however, on July 15, 1870, the following act was passed 
by the House providing for erection of cenotaphs by appropriation : 

[16 Stat. L., 309; sundry civil appropriation bill.] 

Sec. 4. And he it further enacted. That there is hereby appropriated the sum 
of three thousand five hundred dollars, or so much thereof as may be necessary, 
for the erection in the Congressional Cemetery of monuments in memory of 
those Representatives who have died since eighteen hundred and sixty, said 
monuments to be of uniform size and st.yle with those previously erected, and 
this sum to be disbursed under the direction of the Clerk of the House of Repre- 
sentatives upun contracts made by him with the lowest responsible bidders 
therefor, after due public notice given. 

Of this appropriation of $3,500 the Clerk of the House expended 
$2,300 in erecting 20 cenotaphs at $115 each, a copy of his report of 
the expenditure being as follows: 

[1871, 42d Cong., 2d sess., Edward McPherson, Clerk. Mis. House Doc, No. 7.1 

Paid to Richard Rothwell for erecting 20 cenotaphs in the Congressional 
Cemetery under contract with the Clerk of the House, piu-suant to proposals 
(see sec. 4, act of July 15, 1870, making appropriations for sundry civil ex- 
penses), $2,300. 

Edward McPherson, 
CJerl' House of Representatives. 

On March 3, 1875 (18 Stat. L., 375), another appropriation was 
made of $1,500 to enable the Clerk of the House to erect more ceno- 
taphs. The item reads as follows: 

To enable the Clerk of the House of Representatives to cause to be erected in 
the Congressional Cemetery monuments in memory of those Representatives 
who have died since the erection of those last authorized, said monuments to 
be of marble or granite and of uniform size and style with those i)reviously 
erected, and to be contracted for by him with the lowest responsible bidder 
therefor, after due public notice, one thousand five hundred dollars, or so much 
thereof as may be necessary. 

Acting under the authority thus given, the Clerk of the House, 
Edward McPherson, duly advertised for and received bids for ceno- 
taphs. When the bids were opened it was found that the sum appro- 
priated was insufficient to cover the expense of erecting the cenotaphs 
needed, and the appropriation Avas not used. The Clerk of the House 
submitted to the Speaker of the House a report December 6, 1875, 
shoAving the number of members for Avhom cenotaphs must be pro- 
vided if the custom were adhered to, and the bids received under the 
notice given, Avhich report is as follows (omitting, however, the copies 
of each bid which accompanied the report) : 



HISTORY OF THE CONGRESSIONAL CEMETERY. 41 

Clerk's Office, House of Representatives United States, 

Washington, D. C, December 6, 1875. 

Sir : The sundry civil appropriation act approved March 3, 1875, contains 
the following section : 

" To enable the Clerk of the House of Representatives to cause to be erected 
in the Congressional Cemetery, monuments in memory of those Representatives 
who have died since the erection of those last authorized, said monuments to 
be of marble or granite, and of uniform size and style with those previously 
erected, and to be contracted for by him with the lowest responsible bidder 
therefor, after due public notice, one thousand five hundred dollars, or so much 
thereof as may be necessary." 

Under this authority the undersigned invited proposals, on public notice, for 
the erection of these monuments. Twenty bids were received, the lowest of 
which was for $104.50 each. As seventeen were at that date required, in order 
to fulfill the demands of the law, and as the appropriation was less than the 
amount bid for the work, no contract was made. The proposals, with a sched- 
ule of the same, are submitted herewith. The original estimate was made for 
monuments of the same material as existing monuments, which are of sand- 
stone. The substitution by the House of the provision requiring that they be 
of marble or granite, without an increase of appropriation corresjionding to the 
increased expensiveness of the new material, made the execution of the law 
impracticable. 

The number of deceased Representatives by usage entitled to monuments 
and unprovided with them, including Representatives in the Forty-first, Forty- 
second. Forty-third, and Forty-fourth Congresses, is at this date nineteen. 
For the convenience of the oflicer who may hereafter be charged with the duty 
of providing them, I iiu-lose a list of them by Congresses and States, with the 
age of each and the date of death as far as ascertained. 
Very respectfully, your obedient servant, 

Enw. McPiiERSON, 
Clerk House of Representatives United States, 

Hon. Michael C. Kekr, 

Speaker of the House of Representatives United States. 



List of Representatives who have died during their term of service since the iast 
provision for the erection of monuments. 



EOKTY-FIRST CONGRESS. 



loiva. — William Smyth, died September .30, 1870 ; 40 years old. 

Virginia. — Robert Ridgway, died October 10, 1870; 47 years old. 

'North Carolina. — Robert Ballard Gilliam, died October 17, 1870; 05 years old. 

Pennsylvania. — John Covode, died January 11, 1871 ; 02 years old. 



forty-second congress. 

Louisiana. — .Tames iSIcCleery, died November 5, 1871. 

Georgia. — Thomas .7. Speer. died August 18. 1872 ; 34 years old. 

Connecticut. — Julius L. Strong, died September 7, 1872; 43 years old. 

FORTY-THIRD CONGRESS. 

Netv York. — James Brooks, died May 1, 1873 ; 02 years old. 
Michigan. — Wilder U. Foster, died September 20, 1873 ; 54 years old. 
Louisiana. — Samuel Peters, died September 20, 1873. 
New York.—Biwhl B. Mellish, died May 23, 1874 ; 43 years old. 
Illinois. — John B. Rice, died December 17. 1874 ; 05 years old. 
Maine. — Samuel F. Hersey, died February 3, 1875 ; 04 years old. 
Massachusetts. — Alvah Crocker, died December 20, 1874; 03 years old. Sam- 
uel Hooper, died February 14, 1875 ; 07 years old. 

Oregon. — Joseph G. Wilson, died July 2, 1873 ; 40 years old. 
Massachu.setts. — William Whiting, died June 30, 1873; 00 years old. 



42 



HISTORY OF THE CONGRESSIONAL CEMETERY. 



FORTY-FOLKTII CONGRF.SS. 



Massachusetts. — Jaiues Biiffluton, died 



7, 1875 ; 58 years old. 



Oregon. — George A. L;i Dow, died May 1, 1875. 
Tennessee. — Samuel M. Fite, died October 23, 1875. 

^cJirduIc of in-()it()x(il'< received for fiiniixltiuij monuments for Coiujrc.<<siona1 

Conetery. May 31, 1S75. 



Name of bidder. 



Amount in 
granite. 



Amount in 
marble. 



Henry Parry 

C. W. Burr ." 

J. R. Sands & Co 

M. C. Flannerty 

Alfred Morton 

Craig & Maxwell (not in accordance with advertisement) . . . 

R. & D. Rothwell 

H. & S. H. Hartung (not in accordance with advertisement) 

Jonas H. French 

William Gibson 

Fisher & Bird 

Acker & Co 

Mark & St. John 

Burlington Manufacturing Co 

J. Jouvenal 

Burns & Benner 



William Bradley & Sons 

Richmond Granite Co .. 

J. G. Goss 

A. P. Lathrop 



8297. 50 
316.79 
309. 08 
3S6. 00 
264. 00 



164. 50 
237.66' 



345.00 
421.47 



311.80 
340. 00 
274. 75 



S310. 00 
"566.60 



230. 00 



190. 00 
275. 00 
310.00 
375. 00 
408. 00 
374. 00 
381. 00 
210. 00 
195. 00 



The appropriation of March 3, 1875, was the last to be made for 
the erection of cenotaphs. Prior thereto no actual burials by the 
Government had been ordered in the Congressional Cemetery for 
nearly twenty years, the appropriations for its benefit had ceased, and 
the custom of erecting cenotaphs was becoming too expensive to be 
maintained. The cemetery was gradually losing its semiofficial char- 
acter of a Government institution. 

Close attention had not been paid by either the cemetery or the 
United States authorities to the location of the burial sites owned 
by the Government. The certificate for the 500 sites purchased in 
1856 had been issued by Mr. Jno. P. Ingle, then register of the vestry. 
At that time he had entire charge of the cemetery affairs. Unfortu- 
nately he did not keep a copy of the certificate for the 500 sites, and 
when his death occurred shortly after 1850 his successors in office 
knew their location only in a general way. Eighteenth street be- 
tween E and G was supposed to contain all of the 185() purchase and 
had been so held. It contained six ranges of sites, three east of the 
roadway and three west. 

Those east of the roachvay were 59, GO, and one unnumbered; 
those west were one unnumbered, 60, and 61. Range 58 (one of the 
ranges in Avhich sites were transferred to the Government in 1856) 
was not in the street, but lay just east of range 50, and was vacant 
and in the name of the cemetery. Kanges 59 and 60, between E and 
G, were occupied by interments and cenotajDhs of the Government, ex- 
cept 52 sites at the north end of the ranges, on which had been jjlaced 
one of the cemetery buildings. The three ranges of sites west of the 
roadway were vacant. In each of ranges numbered 54, 55, 56, and 
57 12 sites belonging to the cemetery (48 sites in all) had been used 
for Government purposes under the impression that they were Gov- 



HISTORY OF THE CONGRESSIONAL CEMETERY. 43 

ernment property. Scattered through ranges 30, 31, 54, 55, and 56 
there were 49 Government sites in which private persons appeared to 
have been buried. From the dates of interment and names of per- 
sons buried, however, it is probable that most of them belonged 
to the families of officials, and that their interment had been made by 
permission of the Government. In many instances they bear the 
names of former officials and, under the law, families of Members of 
Congress and officials M^ere allowed interment in the Congressional 
Cemetery. 

The following figures show how many of the sites had been used 
at that time in the foregoing manner: 

By the Goveniment — 

For burials and stones of Government 498 

Vacant, held for Government 205 

70.3 

By the cemetery — 

Vacant, in name of cemetery 120 

Occupied by cemetery buildings 52 

172 

Doubtful 49 

Total 1 924 

Sites outside Government ground used for Government purposes 48 

Vacant sites held for Govei-nment in Eighteenth street (additional) 389 

Total 437 

In the month of May, 1876, Congress was agitating the question 
of discontinuing the custom of erecting cenotaphs for deceased Mem- 
bers of Congress, and this discussion brought up the question in the 
vestry of the location of Government sites and also of what Govern- 
ment officials were entitled under the law to burial in the Congres- 
sional Cemetery. A committee of the vestry was appointed to exam- 
ine the question and decide. 

May 9, 1876, the committee reported to the vestr3% reviewing the 
proceedings of the vestry under which sites were donated to the Gov- 
ernment, the laws and regulations governing the interment of de- 
ceased United States officials, and the various sums appropriated for 
the benefit of the cemetery by Congress. The committee in its report 
stated that the data necessary to locate accurately the Government 
sites was lacking, because of the death of Mr. Ingle and others who 
were conversant with the matter. They concluded, however, to set 
aside for the Government, under the 1856 purchase, the reserved por- 
tion of Eighteenth street, between E and G. This location of sites 
left vacant the one range, Xo. 58, and following this report of the 
committee it was never considered in connection with the Govern- 
ment sites. 

As to what Government officials were entitled to burial in the 
cemetery, the committee reconnnended that the Government's orders 
for interments be recognized by the superintendent of the cemetery. 

A copy of the report of the committee is as follows (omitting the 
review of laws and vestry records) : 

From the above it will be seen that in the act of 1848. which authorizes the 
inclosing of G street between Eighteenth and Nineteenth streets and also of 
Eighteenth and Nineteenth streets between E and G, there is no reservation of 
the ground in these streets for the uses of the Government, and the fact is that 
G street between Eighteenth and Nineteenth has been sold to private persons, 



44 HISTORY OF THE CONGRESSIONAL CEMETERY. 

the sauie as other ground in the cemetery. In Eighteenth street between E and 
G there are six ranges of about 150 sites each, making 900 sites for the use of 
the GovernDient there. As the act does not reserve this ground, it is presumed, 
though there is no accessible data to prove the fact, that this is the ground hiid 
aside to comply with the act of 185(>, appropriating $5,000 for the purpose of 
building the iron railing in front of the cemetery. 

In Ninteenth street between E and G there are three ranges of about 150 
sites each that have not been sold, but kept apart as the other streets, although 
two ranges adjoining the original square and lying in the street have been dis- 
posed of to private parties. This addition to the cemetery was made after the 
decease of JMr. Ingle and other members of the old vestry who were conversant 
with the matter, and the exact state of affairs has not been transmitted to us. 
That this street was not inclosed under the act of 1858, that reserves the streets 
for the Government, is positive, and there is nothing to show that the Govern- 
ment has ever piu'chased it. 

On the register at the cemetery these ranges are blank and not credited to the 
United States. Your committee are therefore of the opinion that the vestry 
may, if they feel so disposed, place these sites in the market and sell as other 
groimd, though the matter should bo fully considered before being so ordered, 
as it would destroy tlie uniform appearance of the cemetery by breakhig the 
broad borders of turf that line the avenues on either side. It would also cut 
off from the street those owners who in good faith have purchased lots, as they 
supposed boi'dering on the street, and for which they have paid the highest 
price. 

As to who shall be buried in the Government ground the title to these sites 
is positive, of part by purchase and of the balance by reservation. The vestry 
should be cautious in legislating, so as not to exclude any who might by any 
construction be entitled to the right of burial there. Of the right of Members 
of Congress there is no doubt, but who are officers of the Government, under a 
strict interpretation of the act of 1858, we are not able to determine. How- 
ever, we think that only the higher officials are alluded to, as we find in one act 
" heads of Departments " mentioned, while in another it is left discretionary 
with the President to have buried those whom he shall deem it proper to allow. 

The fact is, we find buried in this ground only Members of Congress and the 
highest officials and officers of the Army and Navy. We think the whole matter 
may be covered by instructing the superintendent of the cemetery to honor the 
orders of the President and commissioner of public buildings and of the 
Sergeant-at-Arms of the Senate and House of Representatives for the burial 
in the Government ground of deceased officials and Members of Congress. 

Respectfully submitted. 

AA'^M. E. ROI3ERTS. 

P. P. Little. 

Wm. E. Hutchinson. 

C. H. Venable. 

Following the making of this report, the vestry passed the follow- 
ing resolution : 

Resolved, That the superintendent of Washington Cemetery is hereby in- 
structed to obey all orders from the President of the United States or com- 
missioner of public buildings and grounds for the burial of deceased officials 
of the Government, and also all orders of the Sergeant-at-Arms of the Senate 
and House of Representatives for the burial of deceased members of their 
respective Houses of Congress. 

Shortly after the making of this report Congress, by act of May 
23, 1876, abolished the custom of erecting cenotaphs in the Congres- 
sional Coinelery and provided that monuments should be erected 
therein only when the deceased members were actually buried there. 
It was provided that the cost of such monuments should be paid out 
either from the contingent funds of the Senate or of the House, 
according to whichever the deceased may have belonged. The stat- 
ute reads as follows : 



/I 



HISTORY OP THE CONGRESSIONAL CEMETERY 



45 



AN ACT relating to interments in tlie Congressional Cemetery. 

Be it enacted, etc., That hereafter whenever any deceased Senator or Member 
of the House of Representatives shall be actually interred in the Congressional 
Cemetery, so called, it shall be the duty of the Sergeant-at-Arms in case of a 
Senator and of the Sergeant-at-Arms of the House of Representatives in case 
of a member of the House to have a monument erected, of granite, with suitable 
inscriptions, and the cost of the same shall be a charge upon and ]>aid out 
either from the contingent funds of the Senate or of the House of Representa- 
tives, to whichever the deceased may have belonged, and any existing omissions 
of monuments or inscriptions, as aforesaid, are hereby directed and authorized 
to be supplied in like manner, and all laws upon the subject of monuments in 
the Congressional Cemetery are hereby repealed. (19 Stat. L., 54.) 

Since the passage of the above act there have been but one or two 
burials in the Congressional Cemetery at the order of the Govern- 
ment, no appropriations have been made by Congress for its benefit, 
and the only cenotaphs erected have been for the omissions men- 
tioned in the statute. 

■(\The names of deceased Representatives and Senators for whom 
cenotaphs have been erected by the Government are as follows, 
giving the name, State from which they come, if known, and date 
of death, if known (as shown by the register of the cemetery and the 
inscriptions on the monuments) : 



EEPRESENTATIVES. 



John Q. Adams , 

John Millen 

Orin Fowler 

Herman A. Moore 

Davis Dimock 

Henrj' Ness 

J. AI. Harmansoii 

Daniel P. King 

Oabriel Holmes 

Charles Slade 

Henry Wilson 

Benj. F. Deming 

John Coffee 

Lewis Williams . . . 

Wm. S. Ramsey 

Alexander D. Simms.. 

Thomas L. Homer 

Amos E. Wood 

Patrick Farrelly 

John Linn 

Jacob Crovvninshield . 

Peterson (ioodwin 

Nathan Bryan 

David Dickson 

R. P. Henry 

George L. Kinnard . . . 

James Johnson 

William S. Hastings... 
Simeon H. Anderson . 

Anson Brown 

James C. Alvord 

John M. Holley 

Rudolphus Dickinson. 

Chester Butler 

Silas M. Burroughs ... 

William O. Goode 

John Schwartz 

Cyrus Spinck 

T. L. Harris 

John A. Quitman 

Samuel Brenton 

James Lockhart 

John G. Montgomery. 

JohnG. Miller 

Preston S. Brooks 

Sampson W. Harris . . . 



State. 



Massachusetts .. 

Georgia 

Massachusetts . . 

Ohio 

Pennsylvania . . 

....do 

Louisiana 

Massachusetts . . 
North Carolina . 

Illinois 

Pennsylvania . . 

Vermont 

Georgia 

North Carolina . 
Pennsylvania . . 
South Carolina . 

Ohio 

do 

Iowa 

New Jersey 

Massachusetts . . 

do 

North Carolina. 

Mississippi 

Kentucky 

Indiana 

Kentucky 

Massachusetts.. 

Kentucky 

New York 

Massachusetts. . 

New York 

Ohio. 
Pennsylvania , 
New York . 
Virginia 

do, 
Ohio. 
Illinois . 
Massachusetts 
Indiana 

do. 
Pennsylvania . . 

Missouri 

South Carolina. 
Alabama 



Died. 



Feb. 


23 


1848 


Oct. 


15,1843 


Sept. 


3 


1862 


Apr. 


3 


1844 


Jan. 


13 


1842 


Sept. 


10,1850 


Oct. 


25 


1850 


July 


26 


1850 


Recess, 


1829 


Rece 


■is 


1834 


Recess, 


1826 


Recess, 


1834 


Recess, 


1836 


Feb. 


25 


1842 


Oct. 


18 


1840 


Nov. 


19, 18.50 


Jan. 


12 


1826 


Jan. 


Ut 


1 28 


Apr. 


15 


1808 


Feb. 


21 


1818 


June 


4 


1798 


Recess, 


1836 


Recess, 


1820 


Nov. 


— 


1836 


Recess, 


1826 


June 


17 


1842 


Aug. 


11 


1840 


June 


14 


1840 


Sept. 


30 


1839 


Mar. 





1849 


Oct. 


5 


18.50 


June 


3, 1860 


June 


20, 1860 






18.58 


July 


16 


1858 
18.57 
1856 
1857 
1857 
1857 
1857 



46 



t 



HISTORY OF THE CONGRESSIONAL, CEMETERY. 




Died. 



REPRESENT ATI V ESS — Continued. 



Thoimis II. Bayly 

Jauies Meacham 

Presly Kwing 

John F. Snod^'rass 

Henry A. Muhlonberg. 

Brookin.s Campbell 

Robert Rantoul, jr 

Truman Hoag 

Thoma.s E. Noel 

Cornelius S. Hamilton. 

David Heaton 

Benjamin F. Hopkins . 

James Hinds 

Thaddeus Stevens 

Elijah Hise 

Darwin A. Finney 

Charles Dennison 

Philip Johnson 

Henry (irider 

James Humphrey 

Orlando Kellogg 

Owen Lovejov 

John W. Noell 

Luther Hanchett 

Goldsmith Bailey 

Thomas B. Cooper 

Geo. VV. Scranton 

Jas. Gillespie 



SENATORS. 



Samuel L. Southard 

ThadeusBetts 

Andrew P. Butler... 

Moses Norris 

Thomas J. Rusk 

Josiah I. Evans 

James Bell 

Chester Ashley 

John G. Calhoun 

Henry Clay 



Virginia 

Vermont | Aug. 

Kentucky ' 

Virginia.' , June 

Pennsylvania ' Jan. 

Tennessee Dee. 

Massachusetts Aug. 

Ohio Feb. 

Missouri Oct. 

Ohio : Dec. 

North Carolina i June 

Wisconsin Jan 

Arkansas 

Pennsylvania 

Kentucky 

Pennsylvania 

.do" 

.do 

Kentucky 

New York 

do 
Illinois 

Missouri : Mar, 

Wisconsin ' Nov. 

Massachusetts j May 

Pennsylvania Apr 

do 

North Carolina 



Mar. 
Jan. 



23, 1856 

1854 

1854 

25, 1853 

7, 1852 

5, 1876 

4, 1867 

21. 1867 
25, 1870 

1,1870 

22. 1868 
— , 1868 

8, 1867 
25, 1868 
28, 1867 
1,1867 
7, 1866 
10, 1866 

24, 

25, 1864 
14, 1862 
24,1862 
8, 1862 
4,1862 
24,1861 
10, 1805 



New Jersey ! June 26,1842 

Connecticut I Apr. — ,1840 

North Carolina May 25,1857 

New Hampshire ' Jan. 11,1855 

Texas i July 29,1857 

South Carolina ! May 6, 1858 

New Hampshire i May 26, 1857 

Arkansas i Apr. 29,1848 

South Carolina 1 Mar. 31, 1850 

Kentucky June 29,1852 



One cenotaph unmarked. 



The following is a list of references to statutes which have been 
passed relating to interments and monuments in the Congressional 
Cemetery : 





Date. 


Statutes at 
Large. 




Vol. 


Page. 


March 3 1823 . . 


3 
4 
4 
16 
18 
19 


777 


Julv 14 183'> 


580 


June 30 1834 


722 


Julv 15 1870 


309 


March 3 1875 


375 


May 23 1876 - - - 


64 









The following is a table shoAving the sites in the Congressional 
Cemetery owned by the Government at the present time through 
donation, purchase, and exchange. 



HISTORY OF THE CONGRESSIONAL CEMETERY. 



47 



Range. 


Number.s. 


Aggre- 
gate 
sites. 


24 


Ito 4 

Ito 8 

9 to 74 

9 to 17 

21 to 74 

6 to 8 

19 to 74 

103 to 152 

103 to 152 

103 to 152 

103 to 152 

/ 31 to 98 

t 101 to 152 

31 to 98 

101 to 152 

31 to 98 

101 to 152 

54 to 98 

116 to 1.52 

54 to 98 

116 to 152 


4 


25 .. 


8 


29 


66 


30 


9 


30 


54 


31 . 


3 


31 


56 


64 


50 


55 


50 


56 


50 


67 


50 


68 


68 


59 


62 
68 




62 


60 


68 


60 


62 


61 


45 




37 


62 . 


45 


62 


37 








Total 


924 









An examination of the books of the cemetery and the sites them- 
selves show that they have been used as follows : 

By the Government : 

For burials and monuments 508 

Vacant in name of Government 195 

703 

By tlie cemetery : 

Sold for private burials (range 58) - 104 

Occupied by cemetery buildings and walk (58, 59, 60) 68 

172 

Sites in ground donated to tlie Government in name of private 

persons, but which may have been ordered there by Government, 
as the names in manj' instances are same as deceased members 
and officials 49 

Total 924 

As before stated the exact location of the Government sites in the 
1856 purchase was not known, and when the committee appointed to 
find them decided in their opinion where they were they failed to 
locate them in accordance with the certificates themselves, placing 
them one range farther west than they should have done, and thus 
leaving range 58 in the name of the cemetery. One hundred and 
four sites therein have since been sold to private parties, and the 
other 16 Government sites lie in a path around the tool house. The 
committee actually reserved 749 sites for the Government in 1856. 
These sites are still reserved for the use of the Government, with the 
exception of 249 which are now occupied by footwalks which extend 
along Eighteenth street, between E and G on either side of the road- 
way. One hundred and forty are vacant and lie west of the footwalk 
at the north end of ranges 61 and 62, and the rest are included in the 
sites described in the certificate. 

The books of the cemetery therefore show Government ground in 
the cemetery actually availalble or used for burial sites at the present 
time as follows : 

In ground described in donation and purchase sites : 

For Government burials and monuments 508 

Vacant in name of Government 195 

703 



48 HISTORY OF THE CONGRESSIONAL, CEMETERY. 

Sites outside the 924 douation and purchase sites used iu erection of ceuto- 
taphs 48 

Sites outside 924 donatiou and purchase sites vacant in name of Gov- 
ernmeut 140 

891 

If the 249 sites now occupied bj?^ footwalks are added to the above 
it shows a total of 1,140 sites in the name of the Government accord- 
ing to the cemetery books, or 216 more than the Government actually 
owns. Without the footwalk sites the total is 891, or 33 less than the 
number actually owned by the Government. The cemetery used 221 
sites in Government ground through a mistake. They have credited 
188 sites to the Government through a mistake, aside from the 249 
reserved and now occupied by footwalks. 

In explanation of the confusion in regard to sites the cemetery 
authorities show clearly that they were in no way acting in bad faith 
in the matter, but that any use of Government sites was made in the 
belief that they were cemetery property. June 11, 1906, Mr. A. W. 
Bright, chairman of the cemetery committee, set forth the reasons for 
the apparent discrepancy in the folloAving letter: 

Washington, D. C, June 11, 1906. 

Sir : In reply to your oral inquiry for information as to the reason for the 
use by the vestry of Christ Church of burial sites purchased by the Govern- 
ment, I would state that I am hardly in a position to give you positive informa- 
tion on this subject. I have been connected with the vestry but slightly over a 
year, and what little I know of cemetery matters has been gained by me during 
that period of time. I have, howe\er, been over the subject in question very 
carefully, and talked with older members of the parish relative to same, butas 
this purchase was consummated over fifty years ago there are none now living 
who has any jiositive knowledge of the facts, nor do the cemetery recoi-ds show 
positively the location of all the sites" so purchased. 

The 500 sites purchased in 1856 were mainly in the reservations at the sides 
of the road^^•ay on Eighteenth street, between E and G streets, and these sites so 
sold are in the name of the United States in the register of the cemetery. The 
right to occupy and sell grave sites in these reservations, as well as the reser- 
vations on Nineteenth street between E and G, and G street between Eighteenth 
and Nineteenth streets, was given to the cemetery by act of 1848. 

The books of the vestry show that .500 sites were purchased, but their loca- 
tions weve not defined. In 1876 a conunittee of the vestry was ai)pointed to 
locate these sites and they reported (I have not the report before me and can 
not get at it without delaying this, hence I shall have to give you the substance) 
that they had not been able to definitely locate them, but they believed them to 
be in the ranges in the reservations on both sides of Eighteenth street from E to 
G. At the present time there are two full ranges on the west side of Eighteenth 
street (of 1.50 sites each) and a third range taken up by a sidewalk, not a site 
of which has been sold or used for burial purposes, e.xcept to the United States. 
On the east side of Eighteenth street a tool house was erected many years ago, 
which is partly on ground in ranges nov; known as 58. 59. and 60 owned by the 
United States! Practically the balance of range 60 and the greater part of 
range 59 are filled with cenotaphs erected by the United States. Not a site in 
either of these two ranges has ever been used for any purpose except for the 
interment of Government officials, cenotaphs, and the sites covered by the tool 
house above referred to. Range 58 which the deed in the custody of the com- 
missioner of public buildings and grounds shows was sold to the United States, 
has all been sold to and used by private parties. How this occurred, I am 
unable to state positively, but will give my impressions as to how this occurred 
later on. 

Between ranges 60 and 61. on Eighteenth street between E and G streets, 
there are now two paved footwalks and a roadway, the latter nearly 17 feet 
wide, which, in my opinion, were originally ranges for grave sites. 



HISTORY OF THE CONGRESSIONAL CEMETERiT. 49 

The act of 1848 gave the owners of the cemetery the right to inclose and use 
for burial purposes the ground occupied by the roadway and footwalks. The 
roadway has, ho^-ever, always been kept open as a driveway, and probably 
always will be. 

If, therefoi'e, I am coi-rect in assuming that the footwalks were originally 
ranges intended for grave sites, this would leave three full ranges on the west 
of the roadway on Eighteenth street of 150 sites each and one on the east of the 
raodway of 97 sites at the disposal of the United States. 

The sale to and use of range 58 by private parties was certainly done in ignor- 
ance of the fact that the groiuid was the property of the United States, and at 
this date, from the facts stated below, it looks as if the cemetery authorities 
had good reason to believe (in the absence of any record of the deed) that it was 
at their disposal to sell. 

In range 58 not a site had been used by the Government, and as cenotaphs are 
on ranges 57 and 59. on both sides of range 58. I judge that the cemetery authori- 
ties years ago concluded that as ]>arts of ranges 54, 55, 56, 57, and 60 were and 
had been used by the Government for years, that range 58, which was vacant, 
did not belong to the Government. If, however, the footwalks on Eighteenth 
between E and G were originally intended for ranges for grave sites (and the 
present superintendent concurs in my ^'ie^^ that they were), there are about 294 
sites in ranges 59, 60, and footwalk to the east of the roadway, and 54 sites in 
the three ranges to the west of the roadway, or a total of aboiit 748 sites. 

As stated above, in 1875 or 1876 a connuittee of the vestry attempted to locate 
the 500 sites purchased in 1856. They reported that they had been unable to 
locate them definitely, but were of the opinion that they were the ranges on both 
sides of the roadway on Eighteenth street between E and G. Seventy sites in 
range <>! and 70 sites in range 62 were deeded to the United States, but the 
books of the cemetery show that 150 sites in range 61 and 1-50 sites in range 62 
fire in tli^ name of the United States, and I judge that after the examination by 
the committee above referred to. the additional sites in these ranges were p it in 
the name of the United States and have so remained up to the present time. 
From this it will be seen that not counting a site in range 58. nor any of the 
sites in ranges 58. 59. and 60, which are occupied by the tool house, nor the two 
ranges taken up by the footwalks. there are 200 sites in ranges 59 and 60 owned 
by the United States and 300 in ranges 61 and 62. making a total of 500 sites set 
aside in the name of the United States under the purchase in 1856. 

If we add to this numl>er 152 sites on the v\'est side of Eighteenth street 
between E and G now used as a footwalk and 97 sites on the east side of the 
same roadway now used as a footwahv, we have a total of 749 sites in the name 
of the United States in that portion of the cemetery containing the 500 purchased 
under the act of 1856. 

In 1876, when the committee of the vestry made its report above referred to, 
it stated that ranges on the west side of Eighteenth street were probably the 
ones reserved for the United States. As range 6.3 (the next range to the west) 
was on the market and lots sold therein as early as 1855. which was prior to 
the purchase of the 500 sites by the United States, it naturally follows that said 
committee included the part now used as a paved footwalk as a part of the 
reservation. 

In addition to the 500 sites above referred to, 400 sites had been previously 
donated by the vestry of Christ Church to the United States, making a total 
of 900 sites to be accounted for. 

Of the 900 sites deeded to the Government, 508 have been used by the United 
States for interments or are occuiiied by cenotaphs ; 195 are vacant and in the 
name of the United States, making a total of 703 sites. Two hundred and 
twenty-one have been used by the cemetery for buildings and private burials, 
which, added to the 703 above, make 924 sites. 

It would api)ear from our books that an exchange of 24 sites was made 
between the vestry and the United States, but we have no record that any of 
the sites owned by the United States were returned to the vestry in exchange 
for the 24 sites deeded to the United States ; hence a total of 924. or 24 over the 
number actually donated to and purchased by the United States. 

The records also show that 48 sites owned by the cemetery have been user! 
by the United States for burials and cenotaphs and 140 sites in ranges 61 and 
62 (Eighteenth between E and G streets) are in the name of the United States, 
but are not named in the deed under the 1856 transfer, which, added to the 703 

S. Doc. 72, 59-2 4 



50 HISTORY OF THE CONGRESSIONAL CEMETERY. 

sites actually used by the I'nited States for intermeuts and cenotaphs and 
vacant in the name of the United States, makes a total of 891, or 9 less than 
the total donated and bought by the United States. 

xVs stated above, in addition to these 891 sites accounted for, we have one 
range of 152 sites (foot wallv on the west side of Eighteenth street between E 
and G) and one range of 97 sites (foot walk) on the east side of the same 
street, which the vestry has evidently (from the 187<j report, al>ove referred to) 
considered to be a part of the .")(»(» purchased in 18r»G. If these 249 sites now 
used as foot walks be added to the 891 sites accounted for, the total would be 
1,140. The trouble has been that prior to the time your Mr. Morgan took this 
matter in hand the question has never been thoroughly investigated, and the 
ve.stry has simply assumed that all ground on the reservations on the east 
and west sides of Eighteenth street belonged to the Government and has so 
recorded it in theii- registers. 

Any use of the ground bought by the Government was, I assure you, done 
in ignorance of the fact that the Government owned the ground, and the vestry 
stands ready and willing to transfer by deed a sulticient liumber of sites in the 
reservations on Eighteenth street between E and G to make up any deficiency 
that may be considered to exist. 
Yours, very respectfully, 

A. W. Bright, 
Chainiian Cemetery Committee. 

Hon. E. J. BURKETT, 

United States Senate, City. 

It is plain that the small deficiency in sites that may be said to 
exist was caused b}^ a misunderstanding. Compared to tlie numl^er 
of sites which the bill proposes to relinquish to the cemeter.y, the 
deficiency is so small that a transfer to cover it seems hardly neces- 
sary especially in view of the fact that the proposed legislation gives 
to the Government the right of burial in case it should desire to 
rencAv its use of the Congressional Cemetery. 

PREVIOUS ATTE3IPTS TO SECURE THIS LEGISLATION. 

Bills similar to H. R. 5072 have been introduced hitherto in four 
Congresses, viz, the Fifty-first, P^ifty-second, Fifty-third, and Fifty - 
fifth. After the introduction of the first bill various amendments 
were suggested and added to the succeeding bills, the most important 
of which are embodied in H. R. 5972. Two bills have hitheito 
l^assed the House, one in the Fifty-third Congress and one in the 
Fifty-fifth. Following is an account of the various attempts made 
to obtain the legislation now asked for: 

(1) H. R. 11436, FIFTY-FIRST CONGRESS. 

On July 17, 1890, H. R. 11436, "A bill granting parts of certain 
streets in' Washington City to the vestry of Washington parish for 
the use of the Congressional Cemetery," was introduced in the House 
by Mr. Breckenridge, of Kentucky, read twice and referred to tlie 
Connnittee on the District of Columbia. January 31, 1891, the bill 
was reported back with amendments, accompanied by House Report 
No. 3045, reconnuending its passage. The bill was not reached, how- 
ever, on the House Calendar. 

House Report 3G45 is as follows: 

The Committee on the District of Columbia, to whom was referred the bill 
(H. U. 1 14:^(5) granting parts of certain streets in Washington City to the 
vestry of Washington parish for the use of the Congressional Cemetery, have 
considered the same and report : 



HISTORY OF THE CONGRESSIONAL CEMETERY. 51 

The cemetery is au outgl•()^Ytll of the Washington I'arish Burial Ground, 
which originally consisted of square 1115 in said city, which was purchased 
April 15, ISOT, by a number of the inhabitants of the eastern portion of the 
city for the said parish, and conveyed to the vestry by certificate of Thomas 
Munroe, United States superintendent, dated March 25. 1808. 

On April 15. 1816, the vestry donated and set ajjart 100 burial sites, free of 
charge, for the interment of ^Members of Congress, and the privilege of free 
interment w:is afterwards, Aju-il o. 1820. extended to heads of Departments 
and their families, and on December 15, 1823, 300 more sites were donated in 
like manner to Members of Congress and others connected with the General 
Government. From these donations and its use in early days for interments of 
Congressmen and public officers it acquired the title of Congressional Cemetery. 

The original square of 1115 answered for the needs of the parish and the 
Government until 1848, when an act of Congress was passed (July 25) author- 
izing the commissioner of public buildings to sell to the vestry public i-eservation 
13. adjoining said square on the east, and giving the vestry authority to 
inclose, possess, and occup.v the street between these two squares, and also, 
with the consent of the corporate authority of the city of Washington, to inclose, 
possess, and occupy so much of any street or streets as might pass between the 
said square 1115 and any other whole square of ground of which it might 
become the possessor, for the side purpose of enlarging said burial ground, and 
giving it power to hold and enjoy forever any land which it might possess or 
purchase for the extension of the burial ground, not exceeding in all 30 acres, 
and to sell or otherwise dispose of said ground for burial purposes. 

Under this act the vestry purchased, in addition to reservation 13 on the 
east, squares IIKJ un the south and llO-i on the west, and by virtue of the pro- 
vision allowing them to inclose, possess, and occupy the intervening streets it 
took possession of and laid off into burial sites and sold such sites along 
Eighteenth and Nineteenth streets from E to G, and G street from Eighteenth 
to Nineteenth. The vestry's ownership was afterwards recognized by the 
United States when, pursuant to act approved August 16, 1856, 500 burial lots 
were pur<-hased from that body l»y the General Government along Eighteenth 
street from E to G. 

In 1858 — the vestry having in the meantime purchased four other squares, 
1105, 1106. 1117, and 1123. being all the ground between G street and Water 
street and Seventeenth aiid Twentieth streets — an act of Congress was passed 
May 18 of that year authorizing the vestry to take, inclose, ahd use forever 
the inclosed streets, but i)roviding that it should not sell the same for any 
purpose whatever, but that the United States should retain and hold such 
parts thereof as might be laid out for burial purposes for the interment of 
Members of Congress or such officers of the Government as might die in 
Washington. 

The object of the proposed bill is in effect to repeal this proviso on certain 
conditions. These conditions are. substantially, that the vestry shall care for, 
protect, and preserve in good order the Government portion of the cemetery 
and the monuments, gravestones, and cenotaphs ; that it shall preserve intact 
the avenues or drives now laid out solely to the improvement and adornment 
of the cemetery, and that should the United States at any time need more 
grave sites for the interment of its officers or Members of Congress it shall 
have the right to use any of the unsold sites for that purpose. 

The United States has heretofore from time to time made appropriations in 
aid of the cemetery in the way of improvements and care of its property. A 
review of its various acts in that direction shows that the average cost to the 
Government has been $500 a year. When the act of 1858 was passed thei'e was 
then a custom, recognized by Congressional acts, to erect a cenotaph to each 
Senator or Representative dying during his term, regardless of where he was 
buried. This was not strictly within the terms of the vestiy's donation, but 
was acquiesced in. The actual interments had at that date practically ceased, 
as the increased means of transportation allowed their families to carry out 
their natural wish to bury their remains at their homes; but for the erection 
of cenotaphs it was uncertain how much ground might be needed, hence the 
reservation or proviso made. 

In 1876. however, an act was passed (May 23) directing, in substance, that 
no monument should be erected except where the deceased was actually buried 
in the cemetery. No burial has since taken place there, and very few, if any, 
are likely to. It is shown to the committee that the ground between E and G 
streets now owned by the Government, and which this act reserves to the Gov- 



52 HISTORY OF THE CONGRESSIONAL CEMETERY. 

ernniont, is sufficient to afford room for the erection of cenotaphs (should that 
practice be resumed) for seventy years to come, and for actual hiu-ials for an 
incalculable period. 

Inasmuch as the Government is not at all likely to have need for anj' more 
ground, and its expenses in the repair and care of the Government property is 
to be under this act assumed by the vestry, whose annual receipts from sales of 
these sites will not be great, and their application is limited to cemetery pur- 
poses, we are of opinion that the bill should pass, amended by inserting in sec- 
tion 2, line 10, before the word " improvement," the word " care." 

(2) H. R. 873 AND s. 2746, fifty-second congress. 

On January 7, 18J>2, H. R. 873, a bill " granting the use of parts of 
certain streets in Washington City to the vestry of Washingon Par- 
ish for the benefit of the Congi-essional Cemetery," was introduced 
in the House by Mr. Breckenridge, of Kentucky, read twice, and 
referred to the Committee on the District of Columbia. A request 
was made to the Commissioners of the District for their opinion on 
the bill, and in response thereto they replied March 15, 1892, stating 
that the}^ had no objection to the general purpose of the bill, but 
recommended that it be amended so that upon the abandonment of 
the streets for cemetery purposes the title thereto should revert with- 
out cost to the United States. 

A further opinion was sent by the Commissioners to the District 
Committee of the House on March 23, in which they suggested that 
the bill shoidd be amended so as to provide for a right of way 
through the cemetery for an intercepting sewer. 

There is no record of any further action on H. R. 873. 

On March 28, 1892, S.' 2746, a bill "granting the right to sell 
burial sites in parts of certain streets in Washington City to the 
vestry of Washington Parish for the benefit of the Congressional 
Cemetery," was introduced in the Senate by Mr. Carlisle, and after 
two readings was referred to the Committee on the I)istrict of 
Columbia. 

May 20, 1892, Mr. Faulkner, to Avhom the bill had been referred, 
made a verbal adverse report thereon and the bill was indefinitely 
postponed. 

The only practical difierence between S. 2740 and prior bills was 
that S. 2746 granted the "right to sell burial sites in streets," while 
prior bills granted the " right to the streets." 

(3) H. B. 223 AND s. 2468, fifty-third congress. 

On September 6, 1893, H. R. 223, a bill identical in terms with S. 
2746, was introduced in the House by Mr. Breckenridge, of Ken- 
tucky, and referred after two readings to the Committee on the Dis- 
trict of Columbia. On reference of the bill to the District Commis- 
sioners certain amendments thereto were recommended which were 
adopted by the committee, and on July 9, 1894, Mr. Heard, of the 
District Committee, reported the bill favorably in House Report No. 
1214. 

January 18, 1895, in the third session of the Fifty-third Con- 
gress, the bill was discussed in the House, read the third time, and 
passed, and the concurrence of the Senate asked for on the following 
day. 



HISTORY OF THE CONGRESSIONAL CEMETERY. 53 

S. 2468, a bill identical in terms with amended bill H. R. 223, as it 
passed the House, was meanwhile introduced in the Senate December 
20, 1894, and reported favorably on January 18, 1895, with one minor 
amendment. Later, however, on January 25, 1895, the bill was 
recommitted to the committee, after which time there is no further 
record as to either S. 2468 or H. E. 223. 

House Report No. 1214 reads as follows : 

The Committee on the District of Columbia, to whom was referred the bill 
(H. R. 223) granting the right to sell burial sites in parts of certain streets 
in Washington City to the vestry of Washington Parish for the benefit of the 
Congressional Cemetery, have considered the same and rep;)rt : 

A bill similar to the first two sections was pending in the Fifty-first Con- 
gress and was favorably reported by the Committee on the District of Columbia 
to the House, but was not reached on the Calendar. The report (No. r>G4.5, 2d 
sess. 51st Cong.) is quite lengthy, and gives a history of the Congressional 
Cemetery, showing that for more than sevent.v-five years the Congress had taken 
intei'est in it and made appropriations from time to time and granted the 
privilege of using the inclosed streets. In the early years of the century many 
Members of Congress and public officers were buried there in sites donated by 
the vestry, and until 1876 cenotaphs were erected to all Congressmen dying 
during their terms, although buried elsewhere. As a result the cemetery, 
although the private property of the vestry, came to be called in common 
parlance, as well as legislative acts, the Congressional Cemetery, and ceno- 
taphs remain there as the property of the United States. 

The parts of streets mentioned in the first two sections of the pending bill 
were granted to the vestry by act of May IS. 1858 (11 Stat. L., 280), to "take, 
inclose, and use forever," with a proviso, however, that the same should not be 
sold for any purpose, but that the United States should retain and hold such 
part thereof as might be laid out for burial purposes for the interment of 
Members of Congress or such oflicers of the Government as might die in Wash- 
ington. The effect of the tuo sections referred to is to repeal this proviso and 
open the same to sale, as wa^* the cai-e in all the other parts of streets thereto- 
fore inclosed. The third section of the pending bill extends to certain other 
parts of streets when inclosed the provision of section 2 of the act of July 25, 
1848 (9 Stat. L., 250), giving the vestry authority to inclose, possess, and 
occupy them with the consent of the municipal authorities. Certain conditions 
are annexed to these proposed grants to the vestry, the most important of which 
are that the proceeds of sales are to be devoted exclusively to cemetery pur- 
poses, the avenues or driveways to be preserved intact, the vestry to perpetually 
care for and protect and preserve in good order the Govenunent ground, monu- 
ments, gravestones, and cenotaphs, and to grant permission to the District 
Commissioners to enter on the grounds and coiistruct a sewer conteniplated in 
the near future. One of the streets for a whole square is also reserved to the 
United States, having .500 grave sites. 

Under present conditions and for the last twenty years the parts of streets 
have been useless to anybody. Congress having already granted the same to 
the vestry with the sole reservation of the right to use for official burial pur- 
poses, and such burials in that cemetery having ceased with the march of time 
and increased facilities of transportation, the Government has no more use for 
the ground. The driveways in the center are only 16 feet wide, while the 
streets are SO and 100, so that there is imposed on the vestry the burden of 
keeping sodded and in good order a large quantity of idle ground. Moreover, 
the Government property must either go to decay or expenditures nuist be mlide 
from the public Treasury to keep it in good order. It thus appears that it is 
to the interest of all the three parties concerned — the United States, the Dis- 
trict of Columbia, and the vestry — that the bill should pass. No street can be 
opened as long as the cemetery exists, and the bill provides that on its abandon- 
ment for cemetery pui'poses the streets shall revert to the Ignited States. 

The District Connnissioners have approved the bill with certain amendments, 
and your committee recommend its passage amended as follows : 

Section ."'. : Insert afer the word " street, "in line 7. the words " and south of E 
street south," and insert after. the word "vestry," in line 8, the words: Pro- 
vided, That said provision shall not apply to any part of the grounds attached 
to the Washington Asylum." 

Section 4 : Strike out all of line 1 and insert in lieu thereof the words " that 



54 HISTOKY OF THE CONGRESSIONAL CEMETERY, 

before any provision of this act concerning any jnililic street <ir iiart thereof 
shall go into effect the said vestry." 

Section 5, line 2 : Strilce out the words " the ownership " and insert in lieu 
thereof the words "all right to the use;" insert in line 3. after the word "re- 
vert," the words " without cost." 

(4) II. K. 4101, FIFTY-FIFTH CONGRESS. 

^ On December 0, 1897, H. R. 4101, ca bill identical in terms with 
S, 24G8 as reported, Avas introduced in the House and after two 
readings was referred to the Comniitttee on the District of Columbia. 
On reference to the District Commissioners they recommended the 
passage of the bill, referring to their previous recommendations on 
H. E. 223. 

February 9, 1898, Mr. Curtis, of low^a, reported the bill back with- 
out amendment and recommended its passage. It was accompanied 
by the following House report (No. 413) : 

The Committee on the District of Columbia, to whom was referred the bill 
(H. R. 4101) granting tlie right to sell liurial sites in parts of certain streets 
in Washingt<m City to th;> vestry ol' AVashington I'avish for the benetit of the 
Congressional Cemetery, have considered the same :uid recommend that it do 
pass witliout iunendment. 

The District Commissioners have reconuuended favorable action on this bill. 
It has twice been favorably reported by this committee and has once passed 
the House. 

Attached hereto and made part hereof are copies of the two former favorable 
reports. 

(House Reports No. 3645, 51st Cong., 2d .sess., and No. 1214, 53d 
Cong., 2d sess., are then set forth in full.) 

On February 14, 1898, the bill Avas read the third time in the House 
and passed, and on the folloAA^ng day laid before the Senate for 
reference. 

After reaching the Senate Committee on the District of Columbia 
the bill AA'as again referred to the District Commissioners for their 
opinion. Some opposition appeared to the bill, and the interested 
parties Avere given a hearing before the District Board. folloAving 
which the Commissioners made an unfaA'orable report on H. R. 4101 
to the District Committee. On April 21, 1898, Mr. McINIillan, from 
the Senate Committee on the District of Columbia, submitted an 
adverse report on the bill (S. Report 941), Avhich contained an account 
of the hearing before the District Board and the imfaA^orable report 
from the Commissioners. The bill Avas thereupon indefinitely post- 
poned. Senate Report 941 reads as folloAvs : 

The Conmiittee on the District of Columbia, to whom was referred the bill 
(H. K. 4101) granting the right to sell Inirlal sites in parts of certain streets 
in Washington City to the vestry of AVashington parish for the benefit of the 
Congivssional Cemetery, nialcc an adverse rei)ort thereon. 

At no distant day tlie lands jiroposed to be occujiied for cemetery purposes 
must become streets in the city of Washington. ;Manifestly it would be absurd 
to give away property whicli in time must be recoA'ered at a considerable 
expense, both of money and del.iy. 

Secondly, lot owners in the Congressional Cemetery protest against such 
action as being calculated to deprive them of cert;iin rights and privileges which 
they regarded as part consideration when they purchased burial sites. 

Thirdly, it has been the policy of Congress to put a stop to additional burials 
within the city of Washington. That jtortion of the city in the neighborhood 
of the Congressional Cemetery is now sutfering from tlie unhealthfu! influences 
of Anacostia flats, and the health of the city demands that no additional menace 
to the health of that section be authorized by Congress. 

The adverse rejiort of the (Commissioners, together with other papers in the 
ease, are given lielow. 



HISTORY OF THE CONGRESSIONAL CEMETERY. 55 

Office Commissioners of the District of Columbia, 

Wash ill gtov, April 18, 18D8. 

Dear Sir: The Commissioners of the District of Columbia respectfully suljuiit 
their report upon Senate bill 4150, granting the right to sell burial sites in 
parts of certain streets in Washington City to the vestry of Washington parish 
for the benefit of the Congressional Cemetery. 

Since the receipt of your communication of February 17, 1898, they have care- 
fully considered the questions submitted to them by you, namely : First, 
" Whether it be wise to relinquish the rights to lands which will ultimately be 
needed for extension of city sti'eets." and, second. " Whether it be wise to 
increase the area for burials within the city limits." 

A public hearing to parties interested was had on March 16, 1898, at which 
hearing the promoters of this legislation were represented by O. B. Hallam, 
esq., the register of Washington parish, and the opposition by Mr. W. W. Eld- 
ridge. A copy of an extract from the board minutes as to the statements made 
by the said parties is herewith resi)ectfully transmitted. Since the date of the 
said hearing Mr. Hallam has submitted to the Commissioners a comnuuiication, 
a copy of which is. also transmitted, wherein he proposes certain amendments, 
one of which omits Eighteenth street from the purview of the bill. Nearly, 
if not all, of the protestauts have lots upon Eighteenth street. lie also sub- 
mits an amendment providing that 25 per cent of the proceeds of the sales shall 
be set aside as a fund for the erection of a memorial chapel, etc. 

The act approved May 18, 1858, referred to by Mr. Hallam in his communica- 
tion, is as follows: (Act then set forth in full.) 

It will be observed that Mr. Hallam claims that the Washington parish is 
forever to be protected against any street hereafter to be laid out or opened 
through the Washington Cemetery ; but it will also be observed that the clause 
containing that provision was a part of the act of Congress which provided 
that the vestry should not sell for any purpose whatever any parts of streets 
named in said act and included within the grounds of the cemetery, but that 
the Ignited States should retain and hold the same for the interments of Mem- 
bers of Congress or public officers who might die in Washington. It is not 
an unfair inference that the concession contained in section 2 was in considera- 
tion of the second i)rovision, which this bill proposes to rei)eal. 

The Connnissioners deem your second question one of prime importance in 
this connection. They do not believe it advisable to increase the area for burials 
within the city limits. All cemeteries within the city limits should be in time 
removed therefrom, and it seems that a wise pultlic policy would suggest that 
only the lots in the said cemetery should be used for burial purposes, and that 
the streets now exempt from burials other than for public servants should not 
be encroached upon. 

While, therefore, the Commissioners recommended favorable action upon this 
bill to the House of Representatives, they are impelled to the belief, since a 
public hearing and since they have had time to give the matter more mature 
consideration, that the proposed legislation should not be enacted. 
Very respectfully, 

John W. Ross, 
President Board of CoiiDiiissioners, District of Golmnlna. 

Hon. James McMillan, 

Ghairman Committee on the District of Coliuiihia, United States Senate. 



[Minutes of hearing on H. R. 4101.] 

Office Commissioners of the District of Columbia, 

Washington, Wednesday, March 16, 1898. 

The board met at 10.20 a. m. 

Present : Commissioners Ross and Wright and Capt. Edward Burr, assistant 
to the Engineer Commissioner, acting as Commissioner in the absence of Com- 
missioner Black. 

Watson W. Eldridge, O. B. Hallam, et al. appeared relative to H. R. 4101, 
" granting the right to sell burial sites in parts of certain streets in Washington 
City to the vestry of Washington parish for the benefit of the Congressional 
Cemetery." 



56 HISTORY OF THE CONGRESSIONAL CEMETERY. 

Mr. Eldridse opposed the bill oii behalf of himself and :^Irs. Mary Gunton 
Temple, Mrs. Emnieriek. Stilson Hutchins, and others. 

Mr. Eldridge said that the bill had been repeatedly introduced at the instance 
of the vestry of Washington parish in order to increase and perpetuate the 
profits it receives from Congressional Cemetery. He expressed the opinion that 
the cemetery should be turned over to the control of the lot owners. He said 
that the enactment of the bill would work serious injury to the owners of lots 
which faced on the principal avenues. 

Mr. Hallam said the cemetery is the property of the vestry of Washington 
parish. He referred to House Report 413, Fifty-fifth Congress, second session, 
for a history of the development of this cemeterj- and its status. 

Commissioner Ross inquired whether the ground is filled up so that they must 
have more space for interments. 

Mr. Hallam replied that the main part of the ground is practically filled. He 
stated that he was willing to let Eighteenth street go through to the water, and, 
in response to a statement of ^Ir. Eldridge that the lot owners were the owners 
of nine-tenths of the cemetery, said that the cemetery management only sell the 
right for burial purposes and not the title to the ground. 

Mr. Eldridge said : " I could get 500 petitioners against the bill." 

True copy of portion of the minutes for above-mentioned date, relating to 
n. R. 4101. 

Clifford Howard, Acting Secretary. 



[Letter from O. B. Hallam, register of Washington Parish, to Hon. ,Tohn W. Ross, Presi- 
dent Board of District Commissioners.] 

Washington, D. C, 31arch 17, 1898. 
Sib: In connection with the letter of Senator Mc^Millan to you of the 17th 
ultimo concerning House bill 4101 (Congressional Cemetery) I wish to epitomize 
my oral suggestions made yesterday. 

1. As to lot owners I herewith inclose form of certificate, from which it 
appears that the title does not pass to the purchaser or so-called lot owner, but 
merely the right to use the burial sites, subject to all rules then or thereafter to 
be made; that it contains no agreement except to provide a care fund, which has 
long since been done. 

In the interest of harmony, however, I submit to you an amendment striking 
out " Eighteenth " from the proposed bill, which will have the effect of leaving 
all the few protesting lot owners in their present status and preserving an open 
grand avenue, so to speak, from the cemetery gate to the south side of the 
cemetery. 

2. As to the rights to ultimately extend the streets, I call your attention to 
the fact that section 2 of the act of May 18, 1S5S, referred to in the i)ending bill, 
says absolutely " that no canal, railroad, street, or alley shall ever be laid out 
or opened into or thi-ough the Washington cemetery, except such avenues or 
walks as may be laid out by the vestry of Washington parish for the use and 
purpose of said cemetery," and the United States, by that act, has already given 
irrevocably to the vestry all the right to the inclosed streets, except the right of 
burial therein, which was reserved to the United States under the then idea that 
the ground might be needed for oHicial burials, but which, after forty years' 
experience, seems to be wholly useless. As no street can be opened so long as 
tlie cemetery exists, the pending bill (sec. 5) very wisely provides that upon its 
abandonment all right to the use of the streets shall i-evt>rt to the United States 
without cost. 

;>. As to the wisddui of increasing within the city limits the area for burial 
purposes. I sugge-t that it is not proposed to extend the cemetery limits, but 
merely to utilize for other parties present scattered ground within the present 
limits, which the (government already has the right to use for burial iiur])oses. 
As to the Washington Asylum, none of it is nearer than several hundred feet 
therefrom, and none so near as nuich gmund .nlready owned by the vestry where 
burials can 1)0 and are constantly lieing made. 

I suggested also yesterday that one of the main objects in utilizing these sites 
was to enaitle the vesti'y to build a much-needed chapel. To set this forth 
cle.'irly and to satisfy an.v possible objection on the part of the lot owners I 
submit herewith another amendment, providing for the raising of a fund for 
this purpose, under the control of your honorable board. 



HISTORY OF THE CONGRESSIONAL CEMETERY. 57 

With the two amendments proposed I am convinced that the few protesters 
will raise no further objections and that the proposed bill will not only be 
unobjectionable to but gladly welcomed by practically all the lot owners. 

O. B. Hallam, 
Register Washington Parish. 
Hon. John W. Ross. 

President Board of District Commissioners. 



AMENDMENTS RECOMMENDED TO HOUSE BILL 4101. 

In first section of bill strike out the words " Those parts of Eighteenth and 
Nineteenth streets " and insert " that part of Nineteenth street." 

Add to section 2 the following additional proviso : 

"Provided also. That twenty-five per centum of the proceeds of such sales 
shall be set aside as a fund for the erection, at or near the present location of 
the fountain, of a memorial chapel for the holding of memorial services on 
Decoration Day and such other memorial or funeral sei'vices as may be desired 
by the relatives or friends of any person buried or about to be buried in said 
cemetery ; the vestry to make a semiannual report of s\ich sales to the Commis- 
sioners of the District and to deposit or invest said twenty-five per centum 
under the directions of said Commissioners until a fund sufficient to erect a 
suitable chapel is thus raised, when the same shall be erected under their 
direction." 



[Letter of protest to Hon. James McMillan, chairman Committee on District of Columbia, 
United States Senate, from W. W. Eldridge.] 

Washington, February 17, 1S98. 
Sir : I respectfully call your attention to House bill No. 4101, recently passed 
by the House and now before your committee. This bill gives to Washington 
parish valuable streets now belonging to the District, and, moreover, if passed 
will destroy the beauty of the Congressional Cemetery. There is a protest on 
file in both Houses from some of the best citizens of Washington against this 
action. I hope you will reject it. I invite your attention to inclosed newspaper 
article published when the same matter was killed by your committee two years 
ngo. 

A^ery respectfully. 

W. W. Eldridge. 
Hon. James McMillan. 

Chairman Committee on District of Columtia. United States Senate. 



[From the Washington Star.] 

congressional cemetery — A BILL THAT HAS EXCITED CONSIDERABLE OPPOSITION 
TO ITS PASSAGE — ^FORMER BILLS OF A SIMILAR CHARACTER HAVE FAILED OF 
ACTION — SOME OF THE OBJECTIONS URGED. 

An impression has gone abroad that the Senate has passed the House bill 
granting the Washington i)arish the right to sell certain burial lots in the Con- 
gressional Cemetery. The House bill was passed on Friday, and when it reached 
the Senate it was referred to the District Committee. On Friday the Senate 
District Committee reported favorably on an exactly similar bill with an amend- 
ment, which went to the calendar. Therefore no action has yet been had that 
would send the bill to the President, as some people have been led to believe. 
It is suggested that before the bill is disposed of in the Senate there will be a 
little more investigation into its merits than has been given up to now. The 
bill is practically the same as one that was introduced in 1892, which was post- 
poned indefinitely on the strength of an adverse report from the Senate District 
Committee. 



58 HISTORY OF THE CONGRESSIONAL CEMETERY. 

A citizen's protest. 

That report was causd largely by a protest that was reeeived in April of that 
year from certaiu persons owning lots in the cemetery, who set forth a case as 
follows : 

" The occupation of these avenues for burial purposes would, in our opinion, 
greatly detract from the natural beauty and desirability of the cemetery as a 
resting place for the dead, and would be an injustice to those who have bought 
lots therein under the belief that it would be perpetuated by Congress in its 
present condition. We believe that there is no necessity for granting these 
avenues for burial sites, as there is a large tract of land adjoining the cemetery 
which can, no doubt, be obtained for the purpose, and the saving of a few dollars 
to the i)arish is a small consideration when compared to the injury that the 
passage of this bill will do to the cemetery." 

This protest was signed by W. W. Eldridge, Mary Gunton Temple, H. H. Cor- 
tis, Catherine C. Emmerich, II. O. Simons, Mary E. Emmerich. E. F. Frencii, 
L. G. Meehan. M. K. Twitchell, Isaac H. lOutwisle, Eunice E. Pritchard, M. L. 
Simpson, and Stilson Hutchins. 

The avenues alluded to in this protest are certaiu streets that now abut the 
property of the cemetery which have never been extended to the Eastern 
Branch. The main one of these streets is G. which is quite the thoroughfare of 
that iunnediate section. It is extended to the river beyond the cemetery. It is 
said that the original purchasers of lots in the cemetery were promised that no 
effort would ever be made to secure the laud that would be used in the exten- 
sion of these streets. The contention of the lot owners who protest is that by 
increasing the number of lots immediately around theirs, in violation of this 
agreement, the value of their lots is correspondingly decreased. 

ANOTHER OBJECTION. 

There is another objection, however, that is being urged against the bill, based 
upon the idea that the tendency of to-day should be to diminish the number 
and size of cemeteries within the city limits. At present, of course, there is 
little or no pressure for building sites in the vicinity of the Congressional Ceme- 
tery, but it is argued that within a few years it will lie found desirable to 
remove the cemetery to a point across the river, or to extend certain of the 
streets through it. The experience of the District in the condenmation of land 
necessary for the extension of North Capitol street to the Soldiers' Home is 
being quoted as a reason why no further obstacles shoidd be laid in the way of 
these general street extensions. It will be rememltered that in the case of 
North Capitol street there was great difficulty owing to the unc^n-tain nature of 
the values of the land comprising the German cemetery, through a portion of 
which the street would pass. 

The present bill (H. R. 5972) was introduced in the House by Mr. 
Allen, of Maine, on December 11, 1905, and after two readings was 
referred to the Committee on the District of Columbia. The o])inion 
of the Commissioners of the District was asked for on the bill, and 
under date of January 2, 1906, they submitted to the committee the 
following favorable report thereon : 

Office Commissioners District of Columhia, 

Washington, January 2, 1906. 

Sir: The Commissioners of the District of Columbia have the honor to sub- 
mit the following on II. R. 5972, Fifty-ninth Congress, first session, " Granting 
the right to sell burial sites in parts of certain streets in Washington City to 
the vestry of Washington parish for the benefit of the Congressional Cemetery," 
which you referred to them for examination and report. 

A plat is inclosed showing the Congressional Cemetei-y and the streets 
which have been inclosed and included within the limits of the cemetery. A bill 
similar to the one under consideration was introduced in the Fifty-fifth Con- 
gress (H. R. 4101). It i)assed the House, but the Commissioners made an 
unfavorable report upon the same to the Senate, a copy of which is inclosed. 
The only legislation which it is known affects the question since that report 
was made is an act of Congress approved January 2.5. 1808, entitled " An act 
for the regulation of cemeteries and the disposal of dead bodies in the 



HISTORY OF THE CONGRESSIONAL CEMETERY. 59 

Disti'ict of Columbia." The first pi'ovision of this act prohibits the laying out 
of any new cemetery or part of a cemetery within the city of Washington, or 
within the District of Columbia within one mile and a half of the boundaries 
of the city, and also prohibits any cemetery being laid out within less than 200 
yards of any dwelling except with the consent of the property owners and a 
i:)ermit from the Commissioners. 

The first act of Congress on this subject was approved July 25, 1848. 

By a snbsetinent act of Con.givss. approved ^lay 18, 1858, the vestry of 
Washington parish was authorized, with the consent of the corporation of the 
city of Washington, to inclose parts of streets in question for the purpose of 
enlarging the cemetery, but were not authorized to sell such parts of streets 
which were reserved in said act for the interment of Members of Congress and 
such officers of the Government as might die in Washington. 

The present bill repeals this provision on the ground that such portions of 
the street have been used to but a slight extent for such purpose, and in all 
probability will not be again used for that purjiose. and consequently it turns 
over to the vestry of Washington parish the right to sell for l)urial sites all 
those parts of Eighteenth and Nineteenth streets east which lie between the 
north side of G street and the north side of Water street and those parts of 
south G street and south H street which lie between Seventeenth and 
Twentieth street, excepting the existing I'oadways within the lines of said 
streets which are in feet in width. 

The bill also provides that the proceeds of the sale of the lots within these 
streets shall be devoted solely to caring for and improving the cemetery ; that 
a certain number of cenotaphs, approximating 175 in number, and marking reser- 
vations for official dead that have never been interred in the cemetery, may be 
removed and the space disposed of as the vestry sees fit. The bill further 
perpetuates and extends the act of Congress approved in 1848 authorizing the 
abandonment by the United States in perpetuity of all such areas as are 
included between any whole blocks which may be purchased by the vestry for 
cemetery purposes, the said public space abandoned to be utilized by the 
cemetery. This would include at present Twentieth and Twenty-first streets 
SE. between G and H streets, the blocks adjacent having been purchased for 
cemetery purposes. And the bill also provides that on the abandonment of the 
cemetei-y tin' cemetery piu'poses the right to the use of the street shall revert to 
the United States. 

The result of the bill would be to turn over to the vestry of Washington 
parish burial sites to the numlier of about 2,000, which could be sold by the 
cemetery at prices varying from $12 to ?40 each. 

The act of Congress of 1848 limited the size of the cemetery to 30 acres. 
This act, including streets, would make it 31. G8 acres. 

As the streets now inclosed withiji the cemetery do not appear to be public 
highways, the passage of the proposed legislation would not change their 
character. Access to the small amount of private property lying east of the 
cemetery can be kept open by Water street, as shown on the map in yellow. 
To do this, however, would require an amendment of the bill to provide that 
H street east of the west line of Water street should be entirely abandoned by 
the cemetery for cemetery purposes to use by the public as a public highway. 

If the bill is passed, the word " Connnissioner,"" in line 9 of page 3. should be 
stricken out and in lieu thereof the word " superintendent " should be inserted, 
as the title of the officer referred to should be " superintendent of public 
buildings and grounds," which is the proper title. Also the word "District," 
in line 13 of page 3, should be stricken out. A proviso should also be added at 
the end of section 4 to read as follows : " and for the purpose of locating and 
maintaining any public sewer or water main within the limits of the streets 
herein named." This latter proviso is for the purpose of maintaining a right 
of way through said streets should it be necessary at any time to furnish sew- 
erage and water facilities to property lying east of the cemetery. 
Very respectfully, 

Henry B. F. jMacfakland, 
President Board of Commissioners, District of Cohniibia. 

Hon. J. W. Babcock, 

Chairman Committee on District of Columbia, House of Representatives. 

On March 12, 1906, the bill was reported with amendments (H. 
Kept. No. 2223), as suggested by tlie letter of the Commissioners of 



60 HISTORY OF THE CONGRESSIONAL CEMETERY. 

Januar}'^ 2, and on March 26 the amendments were agreed to and the 
bill passed the House. 

The accompanying report, No, 2223, is as follows (omitting copies 
of the Commissioners' letter and former House reports, Nos. 3645 and 
1214, which have been heretofore set forth) : 

The Committee on the District of Columbia, to whom was referred the bill 
(H. R. 5972) granting the right to sell burial sites in parts of certain streets 
in Washington City to the vestry of Washington parish, for the benelit of the 
Congressional Cemetery, report the same back to the House with the recommen- 
dation that it do pass when amended as follows : 

Page 3, line 9, strike out the word "Commissioner" and insert the word 
" superintendent." 

Page .3, line 13, strike out the word " District." 

Page 3, line 17, strike out the period and insert a comma and add the fol- 
lowing : " and for the purpose of locating and maintaining any public sewer or 
water main within the limits of the streets herein named." 

The purpose of the proposed legislation is to permit the vestry of Washington 
parish to utilize and to dispose of as burial sites portions of G and H streets 
and also of Eighteenth and Nineteenth streets SE., which are located within 
the limits of the Congressional Cemetery. Under present conditions and for 
the last thirty years the parts of streets to be utilized for burial sites have 
been useless, and the burden and expense of keeping this idle ground sodded and 
in good repair has fallen upon the vestry. Congress has previously granted these 
streets to the vestry, requiring only that the driveways in the center should be 
kept open. These driveways are IG feet wide and ample for such purposes, 
while the streets themselves are from 80 to 100 feet in width. Inasmuch as the 
vestry has but a very limited number of lots now available for burial purposes, it 
would seem but pi'oper that they should be permitted to utilize for burial sites 
such portions of the streets named as are not necessary for driveway purposes, 
the projjoscd legislation providing specifically that the funds derived from the 
sale of such lots shall be devoted solely to the purpose of caring for and improv- 
ing said cemetery. 

Yoiu- committee is informed by the sui)erintendent of the cemetery that there 
are within its limits 17G cenotaphs, 100 of which were erected in memoi'y of 
deceased Government officials whose bodies are interred elsewhere, and 76 
either erected over graves containing the remains of Members of Congress or 
other Government officials or of which no definite record exists. The bill pro- 
vides that the latter 7(> cenotaphs shall not in any way be disturbed, but that the 
cenotaphs under which it is positively known that no remains were interred, and 
which are in a crumbling and dilapidated condition, may be removed at the 
expense of said vestry. 

Tlie act of ]May 23. 1876. provided that thei'eafter no monuments should be 
erected except where the deceased is actually buried in said cemetery, and your 
conmiittee is informed that no burial of a Member of Congress has since 
taken place there. However, the proposed legislation expressly reserves the 
privilege to the Government of hereafter burying deceased Members of Congress 
and Government officers in said cemetery. 

Provision is also made that the Commissioners of the District of Columbia 
shall have the right to enter upon the grounds of the cemetery for the mainte- 
nance and repair of public sowers through said cemetery and for locating and 
maintaining water mains or public sewers therein at any time in the future. 

Section ."» of the reported bill provides that on the abandonment of this ceme- 
tery for cemetery purposes all the rights to the use of the streets heretofore 
mentioned shall revert to the United States without cost. 

(A copy of the letter of the Commissioners of January 2, 1906, 
and of House Reports Nos. 3645 and 1214 are then set forth in full.) 



/I i 



59th Congress, \ HOUSE OF REPRESENTATIVES. ', Report 

M Session. ( * No. 2223. 



BURIAL SITES IN CONGRESSIONAL CEMETERY 



March 12, 1906. — Committed to the Committee of the Whole House on the state of 
the Union and ordered to be printed. 



Mr. Samuel W. Smith, from the Committee on the District of Cohim- 
bia, submitted the following- 

REPORT. 

[To accompany H. R. 5972.] 

The Committee on the District of Columbia, to whom was referred 
the bill (H. R. 5972) granting- the right to sell burial sites in parts of 
certain streets in Washington City to the vestry of Washington Parish 
for the benefit of the Congressional Cemetery, report the same back 
to the House with the recommendation that it do pass when amended 
as follows: 

Page 8, line 9, strike out the word ''commissioner" and insert the 
word "superintendent." 

Page 3, line 13, strike out the word ''District." 

Page 3, line 17, strike out the period and insert a comma and add 
the following: " and for the purpose of locating and maintaining any 
public sewer or water main within the limits of the streets herein 
named." 

The purpose of the proposed legislation is to permit the vestry of 
Washington Parish to utilize and to dispose of as burial sites portions of 
G and H streets and also of Eighteenth and Nineteenth streets SE. which 
are located within the limits of the Congressional Cemetery. Under 
present conditions and for the last thirty years the parts of streets to 
be utilized for burial sites have been useless, and the burden and expense 
of keeping this idle ground sodded and in good repair has fallen upon 
the vestry. Congress has previoush' granted these streets to the ves- 
try, requiring only that the driveways in the center should be kept 
open. These driveways are 16 feet wide and ample for such pur- 
poses, while the streets themselves are from 80 to 100 feet in width. 
Inasmuch as the vestry has but a very limited number of lots now 
available for burial purposes, it would seem but proper that they 
should be permitted to utilize for burial sites such portions of the 
streets named as are not necessary for driveway purposes, the pro- 
posed legislation providing specifically that the funds derived from 



2 BURIAL sitp:s in congressional cemetery. 

the sale of such lots shall be devoted solely to the purpose of earing 
for and improving said cemetery. 

Your committee is informed l)y the superintendent of the cemetery 
that there are within its limits 176 cenotaphs, loo of which were 
erected in memory of deceased (ilovernment officials whose liodies are 
interred elsewhere, and 76 either erected over graves containing the 
remains of members of Congress or other Government officials or of 
which no detinite record exists. The bill provides that the latter 76 
cenotaphs shall not in any way be disturbed, but that the cenotaphs 
under which it is positively known that no remains were interred, and 
which are in a crundjling and dilapidated condition, may be removed 
at the expense of said vestry. 

The act of May 23, 1876, provided that thereafter no monuments 
should be erected except where the deceased is actually buried in said 
cemetery, and your committee is informed that no burial of a member 
of (Congress has since taken place there. However, the pi'oposed legis- 
lation expressly reserves the privilege to the (lovernment of hereafter 
burying deceased members of Congress and Government officers in 
said cemetery. 

Provision is also made that the Conunission(>rs of the District of 
Columbia shall ha\'e the right to enter upon the groiuids of the ceme- 
tery for the maintenance and I'epair of public sewers through said 
cemetery and for locating and maintaining water mains or public sew- 
ers therein at any time in the future. 

Section 5 of the reported bill provides that on the abandonment of 
this cemetery for cemetery purposes all the rights to the use of the 
streets heretofore mentioned shall revert to the United States without 
cost. 

The amendments reported by your committee are made at the sug- 
gestion of the Conunissioners of the District of Columbia, whose 
report upon H. R. .')972 is as follows: 

Office Commissioners District of Columbia, 

Washlnyton, January 2, 1906. 

Sir: The Commissioners of the District of Columbia have the honor to submit the 
follo\vin<i' on H. R. 5972, Fifty-ninth Congress, first session, "Granting the right 
to sell burial sites in j)arts of certain streets in Washington C'ity to the vestry of 
Washington Parisli for the l)enefitof the Congressional Cemetery," which you referred 
to them for examination and report: 

A })lat is inclosed showing the Congressional Cemetery and the streets which have 
been inclosed ami included within the limits of the cemetery. A bill similar to the 
one under consideration was introduced in the Fifty-fifth Congress (H. R. 4101). It 
passed the House, l)ut the Commissioners made an unfavorable report upon the same 
to the Senate, a copy of which is inclosed. The only legislation which it is known 
affects the question since that report was made is an act of Congress approved Janu- 
ary 'l'^, 1898, entitled "An act for the regulation of cemeteries and the disposal of 
dead bodies in the District of (Columbia." The first provision of this act prohibits 
the laying out of any new cemetery or part of a cemetery within the city of Wash- 
ington, or within the District of Columbia within one mile and a half of the l)0und- 
aries of llie city, and also i)rohibits any cemetery being laid out within less than 200 
yards of any dwelling exi-ept with consent of the property and a jiermit from the 
Commissioners. 

The first act of Congress on this subject was aj)proved July 25, 18-48. 

By a subse(|uent act of Congress, approved May 18, 1858, the vestry of Washington 
Parish was authorized, with the consent of the corporation of the city of Washington, 
to inclose parts of streets in (juestion for the purpose of enlarging the cemetery, but 
were not authorized to sell such parts of streets which were reserved in said act for 
the interment of members of Congress and such officers of the Government as might 
die in Wasliington. 



DEC 21 1906 



r- 

o 



<3^ 



KUKIAL SITES IN CONGRESSIONAL CEMETERY. 8 

The present bill repeals this provision on the ground that such portions of the 
street have been used to but a slight extent for such purpose, and in all jjrobability 
will not be again used for that purpose, and consequently it turns over to the vestry 
of Washington Parish the right to sell for burial sites all those parts of J^ighteenth 
5^ and Nineteenth streets east which lie between the north side of (i street and the 
. north side of Water street, and those parts of south G street and south H street which 
j5 lie between Seventeenth and Twentieth streets, except the existing roadways within 
the lines of said streets which are 16 feet in width. 

The bill also provides that the proceeds of the sale of the lots within these sti-eets 
y shall be devoted solely to caring for and improving the cemetery; that a certain 
number of cenotaphs, approximating 175 in number, and marking reservations for 
official dead that have never been interred in the cemetery, may be removed and 
the space disposed of as the vestry sees fit. The bill further perpetuates and extends 
the act of Congress approved in 1848 authorizing the abandonment by the United 
States in perpetuity of all such areas as are included between any whole blocks which 
may be purchased by the vestry for cemetery purposes, the said public space aban- 
doned to be utilized by the cemetery. This would include at present Twentieth 
and Twenty-first streets SE. between G and H streets, the blocks adjacent having 
been purchased for cemetery purposes; and the bill also provides that on the aban- 
donment of the cemetery for cemetery purposes the right to the use of the street shall 
revert to the United States. 

The result of the bill would be turn over to the vestry of Washington parish burial 
sites to the num1:ier of about 2,000 which could be sold by the cemetery at prices 
varying from $12 to $40 each. 

The act of Congress of 1848 limited the size of the cemetery to 30 acres. This act, 
including streets, would make it 31.68 acres. 

As the ^treets now inclosed within the cemetery do not appear to be public high- 
ways, the passage of the proposed legislation would not change their character. 
Access to the small amount of private property lying east of the cemetery can be 
kept open by Water street, as shown on the map in yellow. To do this, however, 
would require an amendment of the bill to provide that H street east of the west 
line of Water street should be entirely abandoned by tlie cemetery for cemetery 
purposes to use by the public as a public highway. 

If the bill is passed the word "Commissioner," in line 9 of page 3, should be 
stricken out and in lieu thereof the word "Superintendent" should be inserted, as 
the title of the officer referred to should be "Superintendent of Public Buildings 
and Grounds," which is the proper title. Also the word "District," in line 13 of 
page 3, should be stricken out. A proviso should also be added at the end of section 
4 to read as follows: "and for the purpose of locating and maintaining any public 
sewer or water main within the limits of the streets herein named." This latter 
proviso is for the purpose of maintaining a right of way through said streets should 
it be necessary at any time to furnish sewerage and water facilities to property lying 
east of tVie cemetery. 

Very respectfully, Henry B. F. Macfarland, 

Fresideitt Board of Commissioners iJistrict of Columbia. 

Hon. J. W. B/VBCocK, 

Chairman Committee on District of Colambia, House of Representatives. 

Your committee incorporates in this report two reports made in the 
Fifty-tirst and Fifty-third Conoresses on a similar measure, which 
g'ive a history of the cemetery* : 

[House Report No. 3645, Fifty-tirst Congress, .second session.] 

The Committee on the District of Columbia, to whom was referred the bill (H. R. 
11436) granting parts of certain streets in Washington City to the vestry of Wash- 
ington Parish for the use of the Congressional Cemetery, have considered the same 
and report: 

The cemetery is an cfutgrowth of the Washington Parish Burial Ground, which 
originally consisted of square 1115 in said city, which was purchased April 15, 1807, 
by a number of the inhabitants of the eastern portion of the city for the said parish, 
and conveved to the vestrv bv certificates of Thomas Monroe, United States super- 
intendent," dated March 25, 1808. 

On April 15, 1816, the vestry donated and set apart 100 burial sites, free of charge, 
for the interment of members of Congress, and the privilege of free interment was 
afterwards, April 3, 1820, extended to heads of Departments and their families, and 
on December 15, 1823, 300 more sites were donated in like manner to members of 



4 BURIAL SITES IN CONGRESSIONAL CEMETERY. 

Congress and others connected with the General Government. From these dona- 
tions and its use in early days for interments of Congressmen and pnblic officers it 
acquired the title of Congressional C'emetery. 

The original stjuare 1115 answered for the needs of the parish and the Government 
until 1848, when an at-t of Congress was passed, July 25, authorizing the commis- 
sioner of public buildings to sell to the vestry public reservation 13, adjoining said 
square on the east, and giving the vestry authority to inclose, possess, and occupy 
the street between these two squares, and also, with the consent of the corporate 
authority of the city of Washington, t(j inclose, possess, and occupy so nuich of any 
street or streets as might pass between the said square 1115 and any other whole 
square of ground of which it might become the possessor, for the sole purpose of 
enlarging said burial ground and giving it i)ower to hold and enjoy forever any land 
whicli it might possess or purchase for the extension of the burial ground, not 
exceeding in all 30 acres, and to sell or otherwise dispose of said ground for burial 
])urposes. 

Under this act the vestry purchased, in addition to reservation 13 on the east, 
square 1116 on the south and 1104 on the west, and by virtue of the provision allow- 
ing them to inclose, possess, and occupy the intervening streets, it took possession 
of and laid off into burial sites and sold such sites along Eighteenth and Nineteenth 
streets from Vj to G, and G street from Eighteenth to Nineteenth. The vestry's 
ownership was afterwards recognized by the Tnited States, when, pursuant to act 
approved August 16, 1856, 500 burial lots were purchased from that body by the 
General Government along Eighteenth street from E to (i. 

In 1858 — the vestry having in the meantime purchased four other squares, 1105, 
1106, 1117, and 1123, being all the ground between G street and Water street, and 
Seventeenth and Twentieth streets — an act of Congress was passed May 18 of that 
year authorizing the vestry to take, inclose, and use forever the inclosed streets, but 
providing that it should not sell the same for any purpose whatever, but that the 
United States should retain and hold such parts thereof as might be laid out for 
burial purposes for the interment of members of Congress or such officers of the 
Government as might die in Washington. 

The object of the proposed bill is, in effect, to repeal this proviso on certain condi- 
tions. These conditions are substantially that the vestry shall care for, protect, and 
])reserve in good order the Government ])ortion of the cemetery and the monuments, 
gravestones, and cenotaphs; that it shall preserve intact the avenues or drives 
now laid out along said parts of streets; that the proceeds of sales shall be devoted 
solely to the improvement and adornment of the cemetery, and that should the 
United States at any time need more grave sites for the intei'ment of its officers or 
members of Congress it shall have the right to use any of the unsold sites for that 
l)urpose. 

The United States has heretofore, from time to time, made appropriations in aid of 
the cemetery in the way of improvements and care of its property. A review of 
its various acts in that direction shows that the average cost to the Government has 
been $500 a year, ^\'hen the act of 1858 was passed there was then a custom, recog- 
nized by Congressional acts, to erect a cenotaph to each Senator or Representative 
dying during his term, regardless of where he was buried. This was not strictly 
within the terms of the vestry's donation, but was ac(iuiesced in. The actual inter- 
ments had at that date practically ceased, as the increased means of transportation 
allowed their families to carry out their natural wish to bury their remains at their 
homes; l>ut for the erection of cenota])hs it was uncertain how nmch ground might 
be needed, hence the reservation or proviso made. 

In 1876, however, an act was passed (May 23) directing in substance that no mon- 
ument should be erected, except where the deceased was actually buried in the cem- 
etery. No burial has since taken place there, and very few, if any, are likely to. It 
is shown to the committee that the ground between E and G streets now owned by 
the Government, and which tiiis act reserves to the (jfovernment, is sufficient to 
afford room for the erection of cenotaphs (should that practice be resumed) for sev- 
enty years to come, and for actual burials for an incalculable period. 

Inasmuch as the (iovernment is not at all likely to have iiL'ed for any more ground, 
and its expenses in the repair and care of the Government property is to be under 
this act assumed by the vestry, whose annual receipts from sales of these sites will 
not be great, and their application is limited to cemetery purposes, we are of opinion 
that the bill should pass, amended by inserting in section 2, line 10, before the word 
"improvement," the word "care." 



BURIAL SITES IN CONGRESSIONAL CEMETERY. 5 

[House Report No. 1214, Fifty-third Congress, second session.] 

The Committee on the District of Columbia, to whom was referred the bill (H. R. 
223) granting the right to sell burial sites in parts of certain streets in Washington 
City to the vestry of Washington parish for the benefit of the Congressional Ceme- 
tery, have considered the same and report: 

A. bill similar to the first two sections was pending in the Fifty-first Congress, and 
was favorably reported by the Committee on the District of Columbia to the House, 
but was not reached on the Calendar. The report (No. 3645, second session Fifty- 
first Congress) is quite lengthy and gives a history of the Congressional Cemetery, 
showing that for more than seventy-five years the Congress had taken interest in it 
and made appropriations from time to time and granted the privilege of using the 
inclosed streets. In the early years of the century many members of Congress and 
public officers were buried there in sites donated by the vestry, and until 1876 
cenotaphs were erected to all Congressmen dying during their terms, although buried 
elsewhere. As a result the cemetery, although the private property of the vestry, 
came to be called in common parlance, as well as legislative acts, the Congressional 
Cemetery, and cenotaphs remain there as the property of the United States. 

The parts of streets mentioned in the first two sections of the pending bill were 
granted to the vestry by act of May 18, 1858 (11 Stat. L., 289), to "take, inclose, and 
use forever," with a proviso, however, that the same should not be sold for any pur- 
pose, but that the United States should retain and hold such part thereof as might 
be laid out for burial purposes for the interment of members of Congress or such 
officers of the Government as might die in Washington. The effect of the two sec- 
tions referred to is to repeal this proviso and open the same to sale, as was the case 
in all the other jjarts of streets theretofore inclosed. The third section of the pend- 
ing bill extends to certain other parts of streets when inclosed, the provision of sec- 
tion 2 of the act of July 25, 1848 (9 Stat. L., 250), giving the vestry authority to 
inclose, possess, and occupy them with the consent of the municipal authorities. 
Certain conditions are annexed to these proposed grants to the vestry, the most 
important of which are that the proceeds of sales are to be devoted exclusively to 
cemetery purposes, the avenues or driveways to be preserved intact, the vestry to 
perpetually care for and protect and preserve in good order the Government ground, 
monuments, gravestones, and cenotaphs, and to grant permission to the District 
Commissioners to enter on the grounds and construct a sewer contemplated in the 
near future. One of the streets for a whole square is also reserved to the United 
States, having 500 grave sites. 

Under present conditions and for the last twenty years the parts of streets have 
been useless to anybody. Congress having already granted the same to the vestry 
with the sole reservation of the right to use for official burial purposes, and such 
burials in that cemetery having ceased with the march of time and increased facili- 
ties of transportation, the Government has no more use for the ground. The drive- 
ways in the center are only 16 feet wide, while the streets are 80 and 100, so that 
there is imposed on the vestry the burden of keeping sodded and in good order a 
large quantity of idle ground. Moreover, the Government property must either go 
to decay or expenditures must be made from the public Treasury to keep it in good 
order. It thus appears that it is to the interest of all the three parties concerned — 
the United States, the District of Columbia, and the vestry— that the bill should 
pass. No street can be opened as long as the cemetery exists, and the bill provides 
that on its abandonment for cemetery purposes the streets shall revert to the United 
States. 



X 



LEJL •08 



